The Beginning of the ENA FLEG Process in Russia: Civil Society Insights

Home , Bikin, Bikinsky District, Dalnegorsk, Forestry in Russia, Irkutsk, Khabarovsk Oblast

IUCN Global Temperate and Boreal Forest Programme IUCN Office for Russia and the Commonwealth of Independent States

THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Moscow 2005 The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Please note that the figures and other actual data, strategies and recommendations presented in the workshops are the direct products of the workshop participants. The views expressed in this publication do not necessarily reflect those of IUCN.

This publication is a collection of documents and reports relating to the first stages of the Europe and Northern Asia Forest Law Enforcement and Governance process (ENA- FLEG), primarily emerging from the project entitled: ìENA-FLEG: Optimising Russian forest resilience to climate change through improved forest governance arrangements ñ Pilot phaseî. This project was carried out with financial support from the United Kingdom Foreign and Commonwealth Office, thought its Global Opportunity Fund, and the United States, through its Voluntary Contribution to IUCN. Published by: IUCN Global Temperate and Boreal Forest Programme in collaboration with IUCN Office for Russia and the Commonwealth of Independent States, Moscow, Russia.

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Citation: Teplyakov, V., Saint-Laurent, C., Pakhorukova, K. and Shmatkov, N. (eds.) (2005). The Beginning of the ENA FLEG Process in Russia: Civil Society Insights. IUCN Global Temperate and Boreal Forest Programme, Moscow, Russia. 116 pp.

ISBN: 5-87317-213-7

Cover design and layout by: P. Pavlov and K. Pakhorukova Cover photo: A. Kletsina, Yu. Popova, N. Sobolev and V. Zakharov Translation: A. Maslov, E. Kopylova and V. Teplyakov Produced by: C. Saint-Laurent and V. Teplyakov Printed by: IUCN-The World Conservation Union Available from:

IUCN Global Temperate and Boreal Forest Programme IUCN Office for Russia and the Commonwealth of Independent States 3, Bld.3, Stoliarny Pereulok 123022 Moscow, Russia Tel./fax: +7(095) 609-3411 www.iucn.ru Table of Content Preface ...... 5 Launching meeting of Russian Non-Governmental Organizations (Moscow, January 12, 2005) List of participants ...... 11 Meeting of NGOs on participation in ENA FLEG process (Moscow, February 14, 2005) ...... 12 Resulting Documents The ENA FLEG Process from the Perspective of Russian Conservation Non- Governmental Organizations ...... 13 Guidelines for Selection and a Draft List of Conservation Non-Governmental Organizations to Participate in the Europe and North Asia Forest Law Enforcement and Governance Ministerial Conference in St-Petersburg ...... 15 Civil Hearings on the Issues of Forest Governance and Prevention of Illegal Logging (Saint-Petersburg, February 21ñ23, 2005) ...... 19 Resulting Documents Address from the Public Hearing Participants to the People of Russia ...... 21 Open Letter from the Public Hearing Participants to the President of Russia ...... 22 Proposals submitted by the Public Hearing participants on the use of the FLEG process as an instrument for the sustainable management of Russiaís forests ...... 23 Address from the Public Hearing Participants to the International Ministerial Conference on Forest Law Enforcement and Governance in the Northern Eurasia Countries ...... 25 Presentations by experts Potential IUCN Role in Facilitating NGO Participation in the Eurasian Regional FLEG Process ...... 26 What is a State Forest Policy? How Is It Developed and How Does It Work in Practice? ...... 27 How to Stop Illegal Logging in Russia? ...... 29 Illegal Logging as an Entrepreneurial Risk...... 31 Climate Change and FLEG: Expectations of the Civil Society ...... 32 The Main Outcome of the Reform ...... 37 Efficiency of the FLEG Process and What Shall We Do with That? ...... 38 Certification According to the Chart of the Forest Stewardship Council and the FLEG Process in Russia ...... 42 Certification as an Instrument for Controlling Illegal Logging ...... 43 Perception of FSC certification and public involvement opportunities ...... 45 On the Issue of Public Attitudes to the Problem of Law and Legality in the Forest Sector ...... 47 List of participants ...... 50 Regional Seminar ìCivil Society Involvement in Forest and Forest-Related Law Enforcement, Governance, Use and Trade. The ENA FLEG Process Developmentî (Khabarovsk, March 2ñ4, 2005)...... 52 Recommendations from the seminar ...... 53 Presentations by participants The Situation in the Far-Eastern Forest Sector ...... 56 The Forest reform and the FLEG Process in Russia ...... 58 Civil Society and Forest Law Enforcement and Governance ...... 60 Let us negotiate the terms ...... 62 Illegal Logging in Primorsky Krai...... 63 On the enforcement of the Forest Law in Khabarovsky Krai ...... 65 Current Trends of Timber Exports from the Far East Including Exports of Illegally Harvested Timber ...... 71 Local Communities and the FLEG Process ...... 72 Activity of ìDauriaî Center ...... 74 Problems of the Forest Industry in Khabarovsky Krai ...... 77 The State and Analysis of the Reasons of Illegal Logging Activities...... 78 Activity on the FOREST Project ...... 79 On the Illegal Logging in the Far-Easter Region in 2001-2004 ...... 81 Activities of Regional Public Organizations (IMEB Example) for Addressing Issues on Forest Use in Tomskaya Oblast ...... 81 Illegal logging and Biodiversity Preservation in Khabarovsky Krai ...... 84 List of participants ...... 86 Europe and North Asia Forest Law Enforcement and Governance (ENA-FLEG) Ministerial Process. International Steering Committee Meeting (Moscow, February 21-22, 2005) ...... 88 List of participants ...... 89 Brief summary of the Meeting ìOn the Preparation to the Ministerial Conference ENA FLEG in Russiaî (Moscow, March 14, 2005) ...... 91 List of participants ...... 93 Annexes ...... 94 Annex 1...... 94 Forest Law and Other Related Laws Enforcement Analysis ...... 94 Annex 2...... 107 Report on the Audit of the Civil Hearings ...... 107 Annex 3...... 114 Chronology of the ENA FLEG process ...... 114 5 Preface Russian forests are not only a resource framework of laws, policies and incentives of great national importance economical- that shape the behaviour of individual ly, culturally, socially and environmental- actors and institutions with respect for ly ñ they are also a key, though often forest management and land-use change. overlooked, global public good. Russia While this has been known for some time contains some of the last large uninter- it has only been more recently that gov- rupted tracts of natural forest which may ernments and other actors have realised account for between 10% ó 15% of glob- the magnitude of the problem that arises al biotically stored carbon. The long-term from weak forest governance and inade- future of these forests as a major global quate (and inequitable) law enforcement. carbon sink will depend to a large degree WWF estimate that in the Russian Far on maintaining their integrity and intact- East alone illegal activities may account ness and this is particularly true in the for losses in national revenue of at least boreal forest zone, which scientists have USD 1 billion per year. In addition, past now identified as being one of the most experience, particularly from the Asia and ìat riskî forest-types from global warm- Africa FLEG processes, has clearly demon- ing. There is little doubt that climate strated that illegal logging is too a big a change has already started to impact on problem for governments to address alone Russiaís forests but this can either be sig- and that an active and constructive input nificantly slowed or accelerated depending from civil society and the private sector is on de facto management conditions estab- critical if government resolve is to be lished by forest and other land-use laws, translated into effective action. policies and incentives. In May 2004, during the fourth session of Poor management, uncontrolled log- the United Nations Forum on Forests ging, fragmentation and major alterations (UNFF), the Russian Federation of natural fire regimes will all dramatical- announced its intention to host a Forest ly accelerate the further release of bioti- Law Enforcement and Governance (FLEG) cally stored carbon into the atmosphere ñ process for Europe and Northern Asia. possibly creating a vicious feedback loop Consultations are under way among inter- of ever more extreme climatic events ested parties to define the arrangements which in turn exacerbates the pre-condi- although it is already acknowledged that tions required for even larger-scale and significant preparatory work needs to be more rapid forest loss and degradation. done, including adequate policy and trade On the other hand, good management and analysis and, critically, the establishment the deliberate maintenance of forest con- of recognised platforms that would permit nectivity and intactness will slow the rate concerned stakeholders to make a proac- at which Russiaís forests are impacted tive and constructive input to the ENA- upon by climate change. This is critical FLEG process. Themes that need to be not only for global efforts to combat cli- explored include livelihoods of local peo- mate change but also to maintain the ples and law enforcement, the definitions resource base on which many impover- of ëillegalityí, exportation and re-exporta- ished livelihoods depend and for long- tion, lessons from countries around the term conservation of threatened species world, and joint monitoring efforts. such as the Siberian Tiger and Snow Leopard. Lessons learned from previous Past and current attempts to halt and FLEG processes reverse forest loss and degradation clear- FLEG ministerial conference processes ly reveal that the challenge is not prima- are already in place for East Asia and for rily a technical one. More important is the Africa. It is important to share lessons THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

learned across countries and regions to Overview of the Project accelerate the pace of governance reform. The ENA-FLEG: Optimising Russian The experiences so far in the Asia and forest resilience to climate change through African processes indicate that an effective improved forest governance arrangements approach to the Eurasia FLEG should take ñ Pilot phase project aimed to: into consideration the following factors: ï Build capacity among and equip civil ï There is a great demand for basic society and local NGOs from two regions information about the FLEG processes and (Russia Far East and North West Russia) the opportunities they offer to actively contribute to ENA-FLEG preparatory processes and to facilitate ï There will be a greater chance of their input of key messages to the June progress if governments, civil society and 2005 official preparatory conference. the private sector can move forward in concert The project set out to produce the ï Participation in preparatory consul- following results: tative processes improves the level and 1) Civil society in two regions in Russia quality of engagement of governments, possesses the necessary information and civil society and the private sector in the understanding of the impacts of weak for- ministerial conference est governance and illegal logging activi- ï Within government, there is a need ties and is equipped to provide workable to focus not only on the engagement of options to the formal FLEG preparatory those line departments that deal directly process. with forest management but also other This was achieved through: ï A review and synthesis of relevant sectors which have an impact on forests, information and materials to assist local e.g. finance and agriculture civil society to engage authoritatively ï There is also a need to work with with other stakeholders on the issue of other groups, such as parliamentarians weak forest governance and illegal log- and local authorities, to ensure that ging. reforms receive the political support they ï Consultative workshops (the civil require to be adopted and implemented society hearings and the seminar) to facil- ï One-off events like preparatory itate the identification by key civil socie- workshops are important but only as part ty messages on how weak forest gover- of a sustained and ongoing capacity build- nance impacts on local livelihoods and to ing and networking agree and prioritize their views on imme- ï Momentum will be lost if follow up diate and long-term actions required to activities are not planned from the outset. ameliorate the situation. 2) Trust and cooperation enhanced It is important to build a culture of col- between relevant government departments laboration and trust in a process that (notably MNR) and local civil society. deals with difficult and politically charged This was achieved through: issues involving many different interests. ï Keeping MNR officials well informed By creating opportunities for face-to-face of the project development and progress. sharing and exchange of ideas and experi- ï A facilitated round table between ences across constituencies over time and MNR officials and ìself-selectedî local by providing sound information and NGO representatives in Moscow to discuss analysis as a basis for discussion, confi- the outcomes of the regional civil society dence in the process will increase and hearings and the seminar and agree on prospects for meaningful negotiation and how civil society can contribute to, and implementation of ministerial conference receive feedback from, the formal ENA- outcomes will improve. FLEG preparatory process. 7

3) Results of civil society preparatory problem, attributed to a lack of agreement process from two pilot regions communi- among stakeholders over the definition of cated to local and national media, NGO ëillegalityí and a tendency to focus on tim- networks and other key stakeholder ber while ignoring illegal or unsustainable groups. NTFP gathering, littering, hunting, etc. This was achieved through: ï Insufficient understanding of the ï Development of a communication causes for illegal logging in the Russian strategy for key messages ñ with particu- context, specifically at the local level, and lar attention to ensuring wide distribu- possible ways to address these causes; tion. ï Lack of understanding of the conse- ï Preparation and dissemination of quences of illegal activity; press releases to key local and national ï Lack of information on the FLEG (and if appropriate international) media process and the long term opportunities it outlets. offers for the Russian civil society, busi- ï Production of an accessible synthesis ness and forest sectors. report in Russian and English. 4) A full project proposal to support These problems significantly diminish scaled-up civil society input into the ENA- opportunities for the Ministry of Natural FLEG across Russia submitted to donors. Resources of Russia, as well as other gov- This was achieved through: ernment authorities, NGOs and businesses ï Identification of the lessons learnt to develop sound, well grounded and rele- from the pilot phase of this initiative, in vant proposals for the FLEG Ministerial collaboration with local and national civil Conference to be held in St. Petersburg society representatives later this year and more generally to ï Building support within MNR for a improve forest governance and manage- scaled-up civil society engagement process ment in Russia. with sufficient lead in time for the June Related to the above points, key recom- 2005 preparatory conference and the mendations on areas for action in Russia December 2005 ministerial meeting. were identified, including: ï Preparation and submission of follow ï increase coordination between civil up project proposals to interested donors. society organizations and state controlling organizations, including federal and Summary of Lessons from the regional authorities and customs, respon- Project sible for forest use and trade; A wide range of stakeholders participat- ï develop an effective and practical ed in the activities organized under this mechanism for information exchange on project yet there was an encouraging level facts of illegal activities in forests and of common understanding of the problems and possible solutions. illegal trade of logs, lumber and non-tim- The participants in the civil society ber forest products; hearings and seminar noted: ï develop agreements with the countries importing forest products to limit ï Serious flaws in forest and civil laws, access of illegal timber on markets; and regulations for internal and external markets ï further develop terminology and cri- ï Inadequate coordination of state and teria on illegal forest use, products and public control over forest products pro- trade; duction and trade, which aggravates ï further develop a system of forest unregulated and illegal forest use certification; ï Serious difficulties in the develop- ï increase stakeholder awareness of ment of a common understanding of the the risks created by illegal forest use. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

8 Launching meeting of Russian Non- Governmental Organizations (Moscow, January 12, 2005)

The meeting was held on at the World to the FLEG process, and to specify dates Bank Moscow Office and was initiated by and arrangements of their possible partic- IUCN-The World Conservation Union ipation. Office for Russia and CIS (IUCN), Although the FLEG process obviously Greenpeace-Russia, World-Wide Fund for could not cope with the immense burden Nature (WWF), the Biodiversity of forest law enforcement and governance Conservation Centre (participating also on problems faced by Russia, but it should be behalf of the Taiga Rescue Network and used as a tool to increase the visibility of the Forest Stewardship Council (FSC) the problems in forest managements and National Group), and the World Bank. illustrate ways to solve them, i.e. as a The discussion was on the following trigger for practical actions. issues: 1) Role to be played by civil socie- The need to involve NGOs and the ty in the FLEG (Forest Law Enforcement broader civil society in the FLEG process and Governance) process; 2) Civil society in order to make the outcomes of the min- potential input to the FLEG process; 3) isterial process more proactive rather than Workshops under an IUCN project to pre- declarative, as these entities are engaged pare for the FLEG Ministerial Conference. in practical and active work to address the challenges in the Russian forest sector was Role to be Played by Civil Society emphasized. The FLEG should not be con- in the FLEG Process fined only to illegal logging and associated The meeting participants discussed why trade issues. The scope for joint interna- and how their organizations should partic- tional actions in the area of forest law ipate in the FLEG process. Some speakers enforcement and governance should also expressed the opinion that the FLEG include such problems as poaching, compli- process, as it was then conceived, would ance with conservation regulations (in par- not bring about any major change to the ticular, with respect to the environmental situation in the Russian forest sector. For review), public communication and example, the Bali Declaration (Indonesia, involvement in forest management and 2001) had failed to yield expected results, many other issues. However, such a broad referring to the on-going processes in the scope of the process would increase the forest sectors of Indonesia, Cambodia, risk of merely declarative rather than Papua-New Guinea, and Philippines as proactive outcomes. In view of the afore- most striking illustrations. The Minis- said, it was suggested that proposals be terial Declaration of the 2003 African prepared to address several (but no more Forest Law Enforcement and Governance than five) issues which were the most Conference (Yaunde, Cameroon) might essential from an environmental NGO per- well be expected to produce similar spective. Environmental NGOs should then results. strive to have them integrated in the The legal status of the Declaration to be Declaration with subsequent active public adopted by the Ministerial Conference of oversight during implementation. 2005, in the context of having an effec- A. Kotlobay pointed out that NGOs tive legal and regulatory framework in should take advantage of the process for Russia is questionable. purposes of promoting conservation ideas It was highlighted both the need to under the FLEG umbrella. Russian con- articulate the NGO position with respect servation organizations have ample expe- 9 rience of constructive cooperation in this ed the joint initiative of WWF and area, both among one another and with Greenpeace to counteract illegal logging. public authorities and business. Apart The failure of the documents which from their participation in the Ministerial were presented to reflect the roles to be Conference, preparation of proposals to be played by other Russian law enforcement reflected in the Declaration, and informa- entities (the Public Prosecutorís Office, tional inputs, Russian NGOs could make a the Ministry of Internal Affairs, and the significant contribution to the process of customs) which have a direct role to play implementing these decisions through on forest law enforcement problems was their public control. stressed. Their importance will grow once A. Kushlin and V. Teplyakov provided the state forest guard functions are trans- clarifications concerning the FLEG ferred from the FFA to the Federal processes, and involvement of NGOs and Service of Nature Resource Use Over- civil society therein in other regions of the sight. As regards the promotion of public world. Upon agreement with the MNR, A. involvement in forest governance, sub- Kushlin and M. Smetanina distributed stantial experience is already gained in among the participants the MNRís Draft this area not only by major international Concept of the Ministerial Conference on but also by local conservation organiza- Forest Law Enforcement and Governance tions (Priluzye in Komi, D. Afinogenovís in Europe and Northern Asia (ENA FLEG) efforts in the Leningrad Oblast, Ecodal in to be held in 2005 so that they could the Khabarovsk Krai, etc.). review it and provide comments. With respect to a communication strategy, V. Zakharov said that this work had Civil Society Potential Input to the been already initiated. It was suggested FLEG Declaration and Action Plan that the forest.ru web-site be used as a M. Karpachevsky from the Biodiversity platform since there were plans for it to Conservation Centre noted that the NGOs include a special page on the ENA-FLEG as yet had not been really involved in process. It is most important to: either the Conference or the Declaration ï ensure that the process be transpar- preparation. There are a number of steps ent; to be taken, including: ï maintain the information activities ï To identify arrangements for cooper- of the FLEG stakeholders; ation among conservation NGOs, the for- ï clarify how NGOs and other civil est business community, social NGOs, and society groups are to participate or how organizations of indigenous peoples. It is they see their participation in the process; essential to initiate communicating the ï provide cross-references to other web information broadly to all the stakehold- sites related to FLEG issues; ers as well as to launch the process of civil ï provide information support to the society self-selection to participate in the planned workshops. Conference and to develop a communica- A. Kushlin suggested that the authors tion strategy. of this initiative should furnish to the ï To ensure actual and full-fledged MNR and the World Bank not only with preparation of the Conference within the the NGO proposals to be reviewed at the declared timeframe and actions in the case meeting of the FLEG International of its modification. Steering Committee on February 21, A. Kotlobay told the meeting about 2005, but also with the reference to the activities undertaken by the Association of FLEG page on the forest.ru web-site with Responsible Timber Producers and planned the invitation to others to cooperate in joint meetings of the WWF with the providing information. He also informed Association to work out a joint platform. the audience that under the previous A. Yaroshenko and V. Dmitriev highlight- Ministerial FLEG processes, the number THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

of invited NGOs had amounted to 10 for arrangements for public control over the Preparatory Conferences and 15 for implementation of its decisions . the Ministerial Conferences. Similar lim- The proposal was appreciated and its may be established for the Conference accepted. All the civil society meeting par- in Russia, but the NGOs should put for- ticipants expressed their intention to ward their proposals on this matter. In attend the workshops. addition, he urged the NGOs to draw upon the communications capacity of the inter- Proposed Next Steps national networks to which they belong, The discussions resulted into the follow- for purposes of conveying FLEG-related ing agreement being reached by the par- information to the relevant local and ticipants: national civil society groups in other countries of Northern Eurasia and mobi- ï Hold an additional meeting in the lizing them. WWF to discuss related issues and the first draft proposals from the NGOs to be sub- Workshops under an IUCN project mitted to the MNR ñ before February 15; to prepare for the FLEG Conference ï Draft a joint position paper to reflect V. Teplyakov informed the participants the NGOs vision of their involvement in that the IUCN Office for Russia/CIS the FLEG process, including the prepara- would hold, with UK FCO financial sup- tion for the meeting of the International port, two preparatory workshops to take Steering Committee scheduled for place in St-Petersburg (February 21 ñ 23, February 21-22; 2005) and in Khabarovsk (March 2 ñ 4, ï Prepare and review 3 ó 5 major sub- 2005). These would discuss the civil soci- stantive proposals from the NGOs to be ety role (including the role of regional and subsequently reflected in the Declaration local NGOs) in the FLEG process and the to be adopted by the Ministerial impact of failures in forest law enforce- Conference; ment on climate change. In addition, upon ï Design a web-page and propose an preliminary agreement with the MNR and information (communication) strategy; the FFA, a project wrap-up meeting is ï Draft a proposal for civil society par- scheduled for mid-March to sum up the ticipation in both the preparatory process results of the workshops and draft civil and the Ministerial Conference itself, as society proposals. These workshops would well as a list of civil society groups to be bring together leading international, included in the self-selection process to Russian national and local conservation participate in the Conference; organizations to discuss a broad range of ï Prepare the second draft of civil soci- issues related to the FLEG process, prepa- ety proposals to be submitted to the MNR ration for and participation in the 2005 ñ after the workshops in St-Petersburg Ministerial Conference in Russia, and and Khabarovsk. 11

List of participants

Dmitry Aksyonov, International Socio- Ecological Union (ISEU) Andrei Kushlin, World Bank Vladimir Dmitriev, World Wildlife Fund Xenia Pakhorukova, ISEU (WWF) Marina Smetanina, World Bank Alexei Grigoriev, ISEU Victor Teplyakov, IUCN-The World Mikhail Karpachevsky, Biodiversity Conservation Union Conservation Centre (BCC) Alexei Yaroshenko, Greenpeace-Russia Anatoly Koltobay, WWF Vladimir Zakharov, ISEU Mikhail Kreindlin, Greenpeace-Russia THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

12 Meeting of NGOs on participation in ENA FLEG process (Moscow, February 14, 2005)

The second meeting of environmental FLEG International Steering Committee NGOs based in Russia was held on meeting, to be held in Moscow on 21-22 February 14, 2005 at the WWF Office. As February 2005: ìThe ENA FLEG Process agreed earlier, it was dedicated to developing the joint position of Russian nation- from the Perspective of Russian Conser- al NGOs on civil society involvement in vation Non-Governmental Organizationsî the ENA FLEG process as well as joint and ìGuidelines for Selection and a Draft substantive proposals to be included in the List of Conservation Non-Governmental preparatory and final Ministerial docu- Organizations to Participate in the Europe ments, and to developing a communica- and North Asia Forest Law Enforcement tions strategy to support the process. The discussion resulted in two principal and Governance Ministerial Conference in documents to be submitted to the ENA St-Petersburgî. 13

Resulting Documents

The ENA FLEG Process from the Perspective of Russian Conservation Non-Governmental Organizations February 14, 2005 Moscow

Illegal logging, its associated timber trade and unsustainable forest management inflict significant environmental, economic, and social losses upon forests and people in Russia. This problem could be addressed through improving the legal frameworks and practices of law enforcement in such areas as forest management, forest use, and timber trade, including those at the international level. The FLEG (Forest Law Enforcement and Governance) process can become an effective tool to improve the national legal frameworks and strengthen the international cooperation and coordination of efforts to combat illegal logging. However, judging by the lessons learnt from the FLEG implementation in East Asia and Africa, the Ministerial Conferences do plan actions and generate commitments but those often fail to see full-fledged on-the-ground implementation and to produce expected outputs. To make the Europe and North Asia Forest Law Enforcement and Governance (ENA-FLEG) Process successful, it is a must to review and avoid the mistakes of the previously launched regional processes, and to ensure close cooperation and coordination between the ENA-FLEG and the evolving European FLEGT (Forest Law Enforcement, Governance and Trade) process. Russian conservation non-governmental organizations (conservation NGOs) welcome the emergence of the FLEG process in Europe and North Asia. A key factor of the process successful development is strong commitment and active participation of Russia as a major timber producer, and China, Japan, and the EU as major consumers. Russian conservation NGOs emphasize the need for thorough elaboration of an Action Plan to meet the future ENA-FLEG Ministerial Conference commitments. Such a plan should contain explicitly worded, feasible and effective actions supported with clearly defined and adequate funding. Russian conservation NGOs deem it necessary to make the process fully open and par- ticipatory through involving conservation and other NGOs in decision-making and control of compliance with undertaken commitments, and regard it as a prerequisite for successful implementation of the plan. Russian conservation NGOs consider the following systemic blunders and negative phenomena to be the underlying causes of problems in the area of forest resource account, use, renewal and protection: ï High level of corruption in the governmental entities in charge of timber resource allocation and use oversight. ï Lack of legally-binding clearly structured national forest policies and strategies to govern resource account, use and renewal which should be developed on a scientific basis to generate nation-wide long-term benefits. ï Inadequate institutional framework with insufficiently equipped and funded institutions in charge of oversight in the area of timber resource account, allocation and use/renewal. ï Utilitarian approach to forest resource use, distorted perception of the resource renewal ability as if it were ëinexhaustibilityí; underestimation of the importance of forest biological, environmental, and social values. The above prime causes have the following negative effects: High prevalence of illegal logging. ï Unsustainable extensive forest use patterns which deplete forest resources. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

ï Lack of effective biodiversity conservation tools for forests exposed to commercial logging. ï Infringement on indigenous peoplesí and local communitiesí rights to exercise traditional nature resource use in areas of mass-scale forest logging. ï Inadequate level of environmental culture and responsibility in forest business. ï Substantial financial losses for the country and its people resulting from lack of effective oversight in the area of timber harvesting, processing and trade. Russian conservation NGOs deem it necessary to focus the following aspects under the FLEG preparation and implementation in Russia: ï Proactive involvement of civil society in the preparation, work and follow-up of the Ministerial Conference of the Europe and North Asia Forest Law Enforcement and Governance process (see Annex). ï Establishment of an efficient national forest guard service with an appropriate geographical distribution/cover and staffing to effect timely and adequate control over forest use, in particular, through preserving the public sector forest guard and forest management units of the local level, i.e. the administrative district (rayon) level. ï Access for broad public to information on the forest status, management and use (including information on the dates and places of bidding and auction exercises to make forests available for use on a lease basis, etc.). ï Actual access for civil society groups to discussions of issues related to forest management and use. Establishment of public involvement mechanisms to safeguard the accommo- dation of public opinion and individual interests in decision-making on the said issues. ï Mandatory suspension of management activities and other sanctions for enterprises in case they fail to comply with the environmental safeguards as established by law (e.g., if they fail to obtain a positive opinion upon state environmental review).

World-Wide Fund for Nature (WWF ñ Russia)

World Conservation Union (IUCN)

Biodiversity Conservation Centre (BCC)

International Socio-Ecological Union (SEU)

Greenpeace ñ Russia

ECODAL Far East Interregional Environmental Non- Governmental Organization 15

Guidelines for Selection and a Draft List of Conservation Non- Governmental Organizations to Participate in the Europe and North Asia Forest Law Enforcement and Governance Ministerial Conference in St-Petersburg

NGOs Selection Guidelines 1 Few groups will participate in the Conference, and it will not be possible, in any way, to embrace the whole range of conservation stakeholder NGOs, therefore: Give preference to those organizations which ï have been actively addressing FLEG-related issues; ï possess indispensable experience in key areas of sustainable forest resource use, forest policies, and forest management; ï are operating in regions facing most acute FLEG-related challenges; ï are willing to prepare relevant case studies for the Conference and present them there.

2. Provide evidence-based arguments to prove participation appropriateness of each organization. 3 Take into account that there are many regional groups which are not well informed about the FLEG process though actively engaged in addressing forest issues. 4. Encourage as much as possible the participation of those NGOs which are capable of representing interests of broader groups of organizations. 5. Ensure participation of the following three categories of NGOs differing in the geographical focus of their activities: ï Russian NGOs dealing with forest use sustainability and forest management at the national or regional level and/or organizations with partners/affiliated entities operating in forest regions in Russia and other countries; ï International NGOs operating not only in Russia but also in its neighboring countries; some organizations may represent selected countries importing Russian timber; ï NGOs from countries importing Russian timber which operate in Russia through Russian partners or have substantial influence on the national policies of importer countries. 6. Limit the number of NGOs to be included in the draft list to 40 organizations, with this participation quota to be shared by the three categories of NGOs in the following way: ï foreign NGOs ñ minimum 5 representatives in all; ï international NGOs and networks ó minimum 5 representatives in all; ï Russian national and regional NGOs ñ minimum 10 representatives in all.

Draft List of NGOs to Participate in the Ministerial Conference in St-Petersburg

International NGOs and Networks: WWF, including its Russian National Office and Regional Units as well as national offices in other countries; Greenpeace, including its Russian National Office and Regional Units as well as national offices in other countries; IUCN, including its member-organizations in Russia; Taiga Rescue Network, including Russian and foreign participating organizations; THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

International Socio-Ecological Union Nature Conservation Teams Movement (Moscow) and its Russian member-organi- or its units in regions) zations. Kamchatka League of Independent Experts (Petropavlovsk-Kamchatsky, Foreign NGOs Kamchatka Oblast) Global Forest Watch/World Resources Institute, USA Kola Wildlife Centre (Apatity, Murmansk Oblast) Estonian Green Movement, Estonia Independent Environmental Watch for Naturschutzbund, NABU, Germany the North Caucasus (Maikop, Adygey Pacific Environment, USA Republic) FERN, Belgium-UK Dauria Environmental Centre (Chita, Chita Oblast) Finnish Society for Conservation of Nature/Finnish Nature League, Finland St-Petersburg Society of Naturalists (St- Petersburg) Forest Monitor, UK Siberian Environmental Centre Forest Trends, USA (Novosibirsk, Novosibirsk Oblast) Swedish Society of Nature Conservation, Birds Protection Union (or its regional Sweden units)

Russian NGOs Studentsí Organization for Nature Conservation in Karelia (SPOK, AmurSEU (Blagoveshchensk, Amur Petrozavodsk, Republic of Karelia). Oblast) Tomsk Studentsí Environmental Taiga Research and Conservation Inspection named after L. Blinov (TESI, Association (Mezhdurechensk, Kemerovo Oblast) Tomsk, Tomsk Oblast) Association of Indigenous Small- Altai- the 21 Century (Barnaul, Altai Numbered Peoples of the North, Siberia, Krai) and the Far East of the Russian Silvery Taiga Foundation (Syktyvkar, Federation (RAIPON) and its regional Komi Republic) associations Sakhalin Environmental Watch (Yuzhno- Baikal Environmental Wave (Irkutsk, Sakhalinsk, Sakhalin Oblast) Irkutsk Oblast) Dront Environmental Centre (Nizhniy Biodiversity Conservation Centre Charity Novgorod, Nizhniy Novgorod Oblast) Foundation (Moscow) In addition, the list should separately Bureau of Regional Non-Governmental include the following non-governmental Companies (BROK, Vladivostok, organizations focusing on social and eco- Primorsky Krai) nomical sustainability of forest use: ECODAL Far East Interregional Environmental Non-Governmental National Task Force for Voluntary Forest Organization (Khabarovsk, Khabarovsk Certification under the FSC Krai) scheme/FSCís Russian Office (Moscow) Friends of Siberian Forests (Krasnoyarsk, Russian National Council for Forest Krasnoyarsk Krai) Certification (Moscow) 17

National Council for Voluntary Forest Certification in Russia (Moscow) Trade-Union of Forest Sector Employees of the Russian Federation

*** This list is in no way exhaustive; it may be expanded to include other organizations. ï All the above listed organizations should be officially notified of the opportunity to participate both in the Conference and the process per se. ï During the Ministerial Conference, NGOs should have adequate opportunities to share their vision of the problem and ways to address it. ï There is a need to develop a discrimination-free mechanism to mainstream opinions and proposals from stakeholders into the Declaration and Action Plan, which would contribute to the Conference success. ï NGOs should be given an opportunity to hold a preliminary meeting (indicatively, in May) to work out an agreed position for the Ministerial Conference. ï The Ministerial Conference arrangements should provide for NGOsí side events. ï Successful implementation of the Ministerial Conference decisions would require a mechanism of NGOsí involvement in the follow-up activities to meet the Declaration commitments and implement the Action Plan as well as a monitoring mechanism to evaluate the Action Plan implementation.

World-Wide Fund for Nature (WWF ñ Russia)

World Conservation Union (IUCN)

Biodiversity Conservation Centre (BCC)

International Socio-Ecological Union (SEU)

Greenpeace ñ Russia

ECODAL Far East Interregional Environmental Non- Governmental Organization THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

List of participants

Dmitry Aksyonov, International Socio- Elena Kulikova, WWF Ecological Union (SEU) Marina Smetanina, World Bank Irina Bogdan, Ecodal, Khabarovsk Nikolay Shmatkov, IUCN-the World Vladimir Dmitriev, World-Wide Fund for Conservation Union Nature (WWF) Victor Teplyakov, IUCN-the World Alexei Grigoriev, SEU Conservation Union Mikhail Karpachevsky, Biodiversity Conservation Centre (BCC) Alexei Yaroshenko, Greenpeace-Russia Anatoly Koltobay, WWF Vladimir Zakharov, SEU 19 Civil Hearings on the Issues of Forest Governance and Prevention of Illegal Logging (Saint-Petersburg, February 21-23, 2005)

These were the first hearings of this government, reviewed the current situa- sort to be held in Russia on the issues of tion and the initiatives taken by the gov- forest governance and law enforcement. ernment to prevent unlawful cuttings; O. They were organized by the UCN Office Rakitova, an analytic expert from the for Russia/CIS, the St. Petersburg Society Confederation of Enterprises of the Forest of Naturalistís and the Expertise Center Industrial Complex of the North-Western ìECOMî. part of the Russian Federation, looked at The hearings involved representatives the scale, reasons and methods of unlaw- of different stakeholders including NGOs, ful cuttings prevention; D. Petrov (Forest academics, public authorities and the Engineering Academy) viewed unlawful forestry sector. cuttings in terms of business risks; while A set of major issues was identified for V. Dmitriev (WWF) made a report on the the hearings. Each of these issues was NGO position in respect of unlawful cut- reviewed by a separate section. The first tings prevention. two days were devoted to expert reports. The section focused on local and global On the third day, the participants held risks and implications of unlawful cut- discussions without experts, elaborated tings was addressed by N. Shmatkov their common position and developed final (IUCN) who presented an expert report on documents. The experts included repre- the issues of forest governance and cli- sentatives of the Federal Forestry Agency, mate change. the government of Leningradskaya Oblast, The section devoted to the efficiency of the Confederation of Enterprises of the the FLEG process was addressed by N. Forest Industrial Complex of the North- Shmatkov (IUCN) who talked about the Western part of the Russian Federation, effect of the FLEG process on the local the Humanitarian and Politological Center ìStrategyî, the St. Petersburg Forestry population, V. Zakharov (Forest RU Research Institute, the Forest Engine- Project) who spoke of the lack of informa- ering Academy, Greenpeace, WWF and tion from the forest sector, M. (WNPC) other organizations. who described the experience of voluntary The section devoted to forest policy forest certification in Russia and the review was addressed by I. Shutov (St. opportunity of its use within the process, Petersburg Forestry Research Institute) and A. Grigoriev (ISEU) who analyzed the who spoke of the forest policy shortcom- efficiency of former FLEGG processes in ings, A. Yaroshenko (Green Peace), who other regions. talked about the forest reform and the In the section focused on technical and Russian forest policy, and D. Afinogenov institutional capacity to control logging (North-West Civil Service Academy), who activities in Russia, V. Lipsky (Con- reviewed the state policy, its elaboration federation of Enterprises of the Forest and its implementation. Industrial Complex of the North-Western The section devoted to unlawful cut- part of the Russian Federation) discussed tings discussed the acuteness of this prob- the potential of forest certification for the lem for Russia and its sources. S. Orlov, control of illegal cuttings, while G. Ivanov representing the Leningradskaya Oblast (Ilim Pulp Enterprises) shared experiences THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

with certification of forest industrial while S. Morozov (Forestry Agency for enterprises. Leningradskaya Oblast ands St. In the section devoted to the social Petersburg) presented an assessment of aspects of introduction of certification the scale of unlawful cuttings in Russia. and reforms in the forest sector, A. The participants discussed the meaning Kuliasova (CISS) spoke of the problems and objectives of the Declaration and arising from the differences in perception Action Plan of the Ministerial Conference, related to certification by different stake- the objective of involving civil society and holders in the process; O. Zakharova the issues of forest governance and their (ISEU) presented a report on the attitudes social, ecological and economic implica- of the population to the issues of law and tions. Thereafter, the hearing participants legality in the forest sector; M. Gorny proceeded to construct a ìproblem treeî (Humanitarian and Politological Center and discuss draft documents. ìStrategyî) talked about corruption in The proceedings and discussions result- Russia and anti-corruption technologies; ed in a set of documents. 21

Resulting Documents Address from the Public Hearing Participants to the People of Russia We, the participants of public hearings on law enforcement and governance in the forest sector in Europe and Northern Asia, appeal to you! Of late, a disastrous situation has developed in the Russian forestry sector: ï The non-depleting forest richness of Russia is nothing but a myth. Forest reserves accessible for commercial use are limited and are quickly depleting. ï Although reliable information on the scale of illegal logging in Russia is lacking, according to different estimates 20 to 60 % of forests in Russia are logged in blatant violation of legal norms adopted in the civilized world. ï Forest legislation in force is inefficient and even this poor legislation is not complied with. ï The system of forest protection is not working; forestry is paralyzed while a well- defined state policy on forest ecosystem management is lacking. As a result, more and more forests are destroyed by fires, pests and illegal loggers. ï The existing forest use control mechanisms are either inadequate and/or not functioning. We consider that Russia should be involved in the FLEG(“) process, which represents an international process of governance and enforcement of laws in the forest sector. We, the people of Russia, shall: ï Request reliable information on the scale of forestry activities ï Take active part in the establishment of efficient mechanisms for public involvement in forest governance ï Buy and sell timber of familiar origin logged in compliance with the law. Only efficient and active involvement of each of us will make it possible to keep Russian forests alive! THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Open Letter from the Public Hearing Participants to the President of Russia Dear Mr. President!

We, the participants of public hearings on law enforcement and governance in the forest sector in Europe and Northern Asia, have studied the FLEG process documentation and have familiarized ourselves with the views of the leading experts on the key issues of forest policy in Russia and certain foreign countries. We consider that Russiaís participation in the FLEG process meets the national interests of Russia and is aimed at: ï Addressing the problem of Russiaís ecological security ï Sustainable management of forest ecosystems ï Ensuring social justice ï Reduction of the level of corruption and its negative implications for the state and society. In order to make Russia a full-fledged member of this process we propose that the following action by taken at the governmental level: 1. To elaborate the National Forest Programme and later to develop on the basis it provides the Concept of Sustainable Forest Management and only after that to proceed with upgrading the new Forest Code. 2. To ensure the efficient operation of the forest resource control and monitoring system, including real mechanisms of public control. In particular, it is necessary to introduce mandatory certification of timber in order to make transparent the origin of all timber sold both on the domestic and foreign timber markets. 3. To bring Russian legislation in line with the FLEG process ideology. 4. To bring Russian forest norms, terms and definitions in line with the FLEG process ideology. 5. To keep the Russian society informed at all stages of the FLEG process development and introduction in Russia. 6. To ensure the involvement and taking account of public opinion in the preparation and elaboration of decisions on reforms in the forest sector to be conducted in Russia. We are deeply concerned that the image of our country is ruined due to non-compliance with international obligations and arrangements entered into by this country vol- untarily, for example, the lack of a national forest programme and an ensuing consis- tent and well-defined national forest policy in Russia.

Mr. President, Russia can and should be a great forest power instead of being simply a source of raw materials for quasi-criminal international syndicates. We strongly request you to take the reform of the Russian forest management system under your personal control! 23

Proposals submitted by the Public Hearing participants on the use of the FLEG process as an instrument for the sustainable management of Russiaís forests

After having studied the FLEG process ï To develop and to introduce effi- documentation and after having heard the cient mechanisms of public control views expressed by the leading experts on 3. To bring Russian legislation in line the key issues of forest policy of Russia with the FLEG process requirements and some foreign countries we propose to ï To analyze Russian legislation in use this process to ensure sustainable gov- terms of its compliance with the FLEG ernance of forest ecosystems in the Russian process ideology, paying particular Federation. In particular, we propose: attention to the ´Rules regulating tim- 1. To elaborate the national Forest ber sold standingª, ´Rules of final cut- Programme and later on this basis to pro- tings ª Ë ´Instructions on cleaning cut- ceed with upgrading the new Forest Code tingsª with due regard to regional pecu- ï To mandate the Government of the liarities Russian Federation to elaborate and to ï To make necessary changes in ensure wide discussion of the National Russian forest legislation Forest Programme by October 2005 ï To make changes in the Admi- (before the Ministerial Conference) nistrative and Criminal Codes of the ï To upgrade the draft new Forest Russian Federation providing for a con- Code on the basis of the draft National siderable strengthening of penalties for Forest Programme and to ensure its illegal logging wide discussion ï To envisage a possibility to confis- 2. To ensure efficient operation of the cate the equipment and means of trans- system of forest resource control and portation used in illegal logging monitoring on the basis of criteria and 4. To bring Russian forest norms, indicators for sustainable forest use terms and definitions in line with the ï To support the transfer of control FLEG process ideology functions to the Russian Committee on ï To pay particular attention to the Nature Oversight with financial and extension of the term ìillegal cuttingsî personnel resources as soon as possible to cover not only illegal logging carried ï To mandate the Government of the out without relevant authorization doc- Russian Federation to analyze the exist- uments, but also those cuttings con- ing situation relating to the rapid out- ducted in violation of the legislation in flow of qualified forestry staff from the force forest sector and to take efficient measures to improve the situation 5. To keep the Russian society informed ï To ensure practical use of sustain- at all stages of the development and intro- able forest use criteria and indicators duction of the FLEG process in Russia available in Russia to monitor forest 6. To ensure the involvement and taking resources and to analyze the develop- account of public opinion in the preparation ments in the forest sector and elaboration of decisions on reforms in ï To study and to introduce practical the forest sector to be conducted in Russia experience in monitoring and control in ï To ensure integration of mandatory the field of forest use and trade in for- ecological expertise in the draft Forest est products over the full chain of cus- Code and subsequent regulatory instru- tody (in particular, it is necessary to ments intended to bring about forest make transparent the origin of all tim- sector reforms ber sold both at domestic and at foreign ï To mandate the Government of the timber market) Russian Federation to provide institu- THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

tional and financial support for the liamentary hearings on the draft new organization of public hearings in for- Forest Code of the Russian Federation est regions of the Russian Federation ï To open a hotline and a simultane- within the framework of the process for ous Internet forum to enable direct assessment of the impact of the draft communication between the profession- new Forest Code on the environment als from the regions with the working ï To give institutional and financial group entrusted with the new Forest support to the organization of field par- Code elaboration. 25

Address from the Public Hearing Participants to the International Ministerial Conference on Forest Law Enforcement and Governance in the Northern Eurasia Countries

We, the participants of public hearings We believe that in order to address on law enforcement and governance in the these issues it is necessary to introduce in forest sector in Europe and Northern law enforcement and governance in the Asia, express grave concern over the forest sector in Europe and Northern Asia existing practice of unsustainable gover- those FLEG mechanisms that ensure: nance of forest ecosystems. Illegal logging and the appearance of a ï Harmonization of national legisla- large volume of illegally cut timber and tion taking into account FLEG principles; products processed therefrom on markets ï Conclusion of multilateral and bilat- pose a threat to ecological security at all eral agreements; levels. At the global level, depletion of the ï Development of National Forest forest fund and destruction of natural for- Programmes that include the mechanisms est ecosystems represents a cause of cli- of public involvement and control and mate change and natural disasters. At the guarantee forests conservation for the national level, unsustainable forest gover- sake of future generations nance leads to corruption, brings about In our view, the following measures economic losses and results in the reduc- will be particularly helpful: tion of the standard of living of the pop- ï Introduction of a ban on trade in ille- ulation. At the local level, it results in the gally logged timber and products of its destruction of the natural habitat and tra- processing; ditional way of life of local populations. ï Introduction of mandatory certifica- Being aware that Russiaís forests play a tion of the origin of timber; special role in maintaining global ecologi- ï International cooperation among the cal balance, Russiaís adhe- we welcome customs services and nature conservation sion to the political initiative of the coun- institutions tries of Europe and Northern Asia in the the importance of keep- field of law enforcement and governance We emphasize in the forest sector in Europe and ing the public informed and involved in Northern Asia ó FLEG. the FLEG process. We consider that the plan for counter- We believe that the national and interacting illegal logging of timber must national stakeholders of the FLEG process include regulation of trade in timber and will be able to find support and assistance products of its processing both on domes- if they address specific proposals on coop- tic and foreign markets and consider this eration to non-governmental organiza- to be reflected in the FLEG process tions and citizens of Russia. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Presentations by experts

Potential IUCN Role in key multi-profile organizations. IUCN has Facilitating NGO Participation rich experience in the development and in the Eurasian Regional FLEG organization of consultation processes Process leading to the elaboration of balanced Teplyakov, V.K. approaches and results. For example, Efficient law-enforcement and gover- IUCN has coordinated the process with nance are possible only under if the law is African delegates of the Conference of the complied with. The efficiency of the law is Parties of the UN Framework Convention ensured by an operational system of divi- on Climate Change, which has contributed sion of powers, established democratic insti- to the improvement of their capacity to tutes, developed civil society and a high participate efficiently in the political level of economic well-being of citizens. process. IUCN has an experience of work- The FLEG ministerial processes and ing with the ITTO Secretariat (the conferences have already found their place International Organization for Tropic in Eastern Asia and Africa and it is Timber Trade) for establishing dialogue important to share experience gained by between the civil society and trade consul- countries and regions in these continents tation groups on issues related to non- in order to accelerate the pace of gover- legal timber cuttings. nance reform. Asian and African experi- IUCN has at its disposal a global net- ence shows that an efficient approach to work for informing the government, the the Eurasian FLEG should take into civil society and other partners, instru- account the fact that the progress of the ments for dissimilation of information in entire process depends on joint efforts of an easy-to-understand form among repre- the government, the civil society and the sentatives of all sectors. IUCN commis- private sector and that participation in sions can efficiently work for the achieve- the preliminary consultation process ment of objectives jointly with experts in improves standards and quality of the field of forest government, education involvement of the government, the civil and information. IUCN extensive experi- society and the private sector in the min- ence is very valuable in the fields of work- isterial conference. ing out and realization of thematic and IUCN has taken an active part in the regional programs including developments African FLEG process playing a special in such an important sphere as review of role in coordination of the preliminary the legislation. IUCN has at its disposal a process for the civil society, as well as strong team both in Russia and in other consultations between non-governmental countries, which will participate in the organizations and the private sector. Eurasian FLEG process. These efforts contributed to an informed The Ministry of Natural Resources of and constructive responsibility of non- Russia invited the IUCN Office for Russia governmental organizations and the pri- and the CIS to take part in the work of the vate sector at the ministerial conference. International Organizational Committee The main factor that makes it possible on the Ministerial Conference Prepara- to entrust the Union with the task of pub- tion. The IUCN Office plays an important lic participation coordination is its unique role in involving the civil society in the and time-proved experience of involving Eurasian FLEG process. Recently, IUCN interested parties of all sectors, i.e. the has held two seminars (February 21-23, government, the civil society and the pri- 2005 in St. Petersburg and on March 2-4, vate sector. Many entities of these key 2005 in Khabarovsk) within the frame- parties are IUCN members. IUCN has work of the Ministerial Conference prepa- established good working relations with ration in close cooperation with regional 27 and local non-governmental organizations. Russian seminars and a publication of the The results of the seminars will be pre- same name (2000 copies); sented at the final seminar in Moscow. We ï The Global Forest Watch of Russia ñ believe that the seminars will contribute two seminars. The initiative of the to building the culture of cooperation and ìGlobal Forest Watchî on creating condi- confidence in the process, which is con- tions for the development of a system of nected with complicated and politically independent monitoring of the state of slanted problems that concern many stake- forests (through WRI support); holders. Creating opportunities for broad ï Creating a framework for public exchange of opinions and experience in involvement in Russian forest manage- the environment of face-to-face communi- ment ñ two regional seminars and a pub- cation helps to build confidence to the lication ìForests and Societyî (5000 process over time, to improve the copies); prospects of future talks and to efficient- ï Building partnership for forest con- ly fulfill recommendations of ministerial servation and management in Russia ñ 10 conferences. We believe that active regional seminars and elaboration of an involvement of the civil society in the educational program ìManager of public FLEG process will ensure a pragmatic participationî. Manuals for this curricu- nature of responsibilities assumed by the lum have also been developed; Parties and their further fulfillment. ï Optimising Russian forest resilience The IUCN Office for Russia and the CIS to climate change through improved forest has the necessary capacity for playing an governance arrangements ó a pilot proj- active role in the Eurasian FLEG process ect ñ two preparatory and two regional and is proud to have among its members seminars, a final meeting. A publication is of such organizations as the Ministry of prepared on results of the seminars and a Natural Resources of Russia, the booklet for the Ministerial Conference of International Ecological Union, the Center ENA FLEG-2005. for Conservation of Wild Nature and the The main factor that enables IUCN to Center of the Russian Ecological Policy. take an active part in the ENA FLEG IUCN also has good contacts with key process is its unique and time-proven organizations in various fields. The IUCN experience of engaging interested partied Office for Russia and the CIS (as well as from different sectors, i.e. the govern- other IUCN members in Russia) is repre- ment, the civil society and the private sec- sented in the Public Forest Council, which tor. has the mandate of a deliberative body of the Ministry of Natural Resources of Russia. IUCN actively cooperates with the What is a State Forest Policy? Association of Responsible Forest Users, How Is It Developed and How the Office of the World Bank and other Does It Work in Practice? organizations in Russia. Afinogenov, D.V. With financial support provided from The meaning and significance of a state the Governments of the Netherlands, the forest policy is constantly changing with United Kingdom, the United States and time. State authorities (both representa- Canada, and in cooperation with many tive and executive), business structures organizations, IUCN has carried out or is and society are involved in developing a currently implementing a wide range of policy. There are three approaches of pol- projects in the field of public participation icy development: in forest governance, including the fol- ï individual (by means of directives); lowing: ï based on market mechanisms (spon- The future of forest conservation in taneous, uncontrolled) and Russia ñ three regional and one all- ï collective (through compromises). THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

The policy is developed using legal, ï lobbying, administrative, organizational, economic ï administrative management, and socio-psychological instruments. As ï structural changes, for the mechanisms, the following are ï budget allocations and employed: ï providing open and transparent ï legislative initiative, information.

Who is Developing a Type of Policy Meaning of a Policy Policy and How? The policy of Providing integrity and state securi- Monarch (appointed by the state safety ty nobility council)

Economic policy Ensuring of individual freedom by The state and political elite of the govern- means of market development (the independently ment state is a "night guard"). Liberalism.

Providing equal rights to everyone Social policy of The state is based on party for self-realization (the state of serv- the government programs ices). Liberalism ó Socialism.

State authorities based Requirements to Providing quality of life (the state is upon wide and open discus- the present-day an instrument to coordinate various sion inviting many inter- state policy interests). Economy ó Ecology ested parties

Major directions, trends and tendencies ï targets, goals and tasks of a policy; of external and internal policies of the ï major directions, trends, and tenden- Russian Federation are determined by the cies; President and stated in his annual mes- ï major priorities and principles; sage to the Federal Assembly (The ï prospected results. Constitution of the Russian Federation, As any decision taken, a policy is a article 84). According to the power and choice made out of several options. authorities given, the State Government To develop a policy concept, alternatives of the Russian Federation conducts the have to be built up from general to partic- implementation of external and internal ular. The choice within a framework of policies of the Russian Federation (FKZ one alternative should not contradict ìOn the State Government of the Russian other options of other alternatives of the Federationî, article 13, paragraph 1). As same level. The examples of alternatives an example of documented formulation of of the same level come as following: the state environmental policy the follow- ï activity ñ refusal to act ing documents could be listed: a message, ï state- nature ñ human being an ecological doctrine, a sub-program ï resource (direct use) ñ environment ìForestsî, and the concept of forestry (indirect use) development. ï global significance ñ local signifi- Usually, while developing a policy, the cance following order exists: ï industrial use ñ individual use ï general review (background informa- ï federal ownership ñ ownership of the tion, the current state and condition, subjects of the Russian Federation ñ problems and underlying reasons); municipal ownership ñ private ownership 29

ï administrative management ó mar- ï become a source of flammable sub- ket stances and materials, ï economic interests ñ social interests ï are low in commercially useful wood. ñ ecological interests Earlier, forest regeneration was mostly ï external market ñ internal market accomplished after a forest fire took ï timber utilization ñ use of non-tim- place. Nowadays more methods of refor- ber forest products estation are employed. ï position at the external market: raw All the forests of the Russian materials sale ñ processing Federation are divided into three cate- There are a number of ways of taking a gories: decision: I group forests: protective forests, ï simple choice (positive principle, con- reserved forests, protected forests; crete mechanism) II group forests: forests of limited ï hierarchical choice (choosing a prin- exploitation; ciple of hierarchy of priorities ñ residual, III group forests: forests of forest abun- proportional; concrete mechanism) dant regions. ï conditional choice (negative principle, any mechanism) Major harvesting has to be conducted in ï the choice of a concrete option the III group forests. Intermediate har- depends on the situation (there are the vesting (thinning, sanitary, and recon- following mechanisms: firm and concrete; struction felling) has to be practiced with negotiations; market, etc.; mechanism of an aim to protect forest resources and realization of the chosen option). other forest values in all types of forests. As for timber harvesting (final felling), ó When we talk about a simple choice, we it has to be conducted in the mature actually set up the tasks of a policy. forests. The principles of any policy represent Nowadays, illegal logging is taking limitations (terms and conditions) that are place: laid on the activities, documents, relations, etc. A good example would be the ï in the regions where valuable tree relationship between authorities and species are growing, responsibilities. ï in the vicinity of transportation routes, How to Stop Illegal Logging in ï close to the sales markets (close to Russia? Finnish and Chinese borders), ï during partial cutting, exceeding the Rakitova, O.S. volumes of harvesting. The forest resource potential of Russia is not yet exhausted, ó almost 150 According to FAO statistics, the scale mill.m3 of timber is harvested annually. of illegal logging in Russia is 25% of the The Annual Allowable Cut in Russia con- total harvested volume, which is lower stitutes 500 mln.m3 of timber, which is than in Estonia (50%), Africa (Cameron 3.5 times more than actual harvest. Why ó 50%) and Asia (Indonesia ñ 73%, do forests have to be logged? Many rea- Brazil ñ 80%). sons could be listed, and here are the key The Administrative Code of the Russian ones. Over-mature forests: Federation defines illegal logging as: ï felling of timber without official doc- ï exhale CO2, ï become a source of pests and dis- umented permission; eases, ï felling according to the felling ï have a negative effect on water bod- license which was issued in contravention ies and reservoirs, of harvesting rules; THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

ï felling conducted at the wrong place ï to introduce certification: national or outside the borders of the felling system, FLEGT, FSC, PEFC. license; At present, considerable efforts are ï felling conducted over the volumes being made to stop and prevent illegal log- stated in the felling license; ging at a state level: a new Forest Code is ï felling of different species than stat- under development, a program on space ed in the felling license or felling of trees monitoring of illegal logging is being which it is prohibited to fell. developed, local ìforest militiaî are being There are many ways illegal timber gets created, and timber volume measurement on the market, including: standards are under improvement. This ï illegally harvested timber, has led to, among other things: ï legally harvested timber stolen from ï An integrated enterprise ìBelgo- a felling site; rodsky Forestî was established in 2005 in ï under-reporting of the volumes of Belgorodskaya Oblastí to strengthen con- timber harvested; trol over forest harvesting ï changing of the volume of timber ï In Irkutskaya Oblastí ìforest militiaî harvested based on differences in the is operating and barcodes are widely used standards in different countries; at the customs ï wrong information provided in the ï In Altay Krai an operation ìForest ñ declaration of tree species; 3î is conducted to stop contraband timber ï changing of the timber grade; flows. ï contraband timber. Space monitoring was conducted in There are few reasons for illegal logging January ñ February of 2005 in Kras- and these include: weak legislation, insuf- noyarsk Krai and Irkutskaya Oblastí. The ficient control over felling operations, revealed infringements and offences poverty of the population, and corrupt against the law were estimated in about authorities. Illegal logging is damaging in 190 million rubles. Court cases against a variety of ways: forest natural diversity tenants are being prepared and many leas- is exhausted, valuable tree species are ing contracts are being abrogated. The taken out, the ecological balance of flora forest area, which is currently under and fauna is destroyed, economic damage remote control and is checked for illegal (financial losses) are suffered, lowering logging constituted 40 million ha (47%) the prices of Russian timber in the inter- in 2005. In 2006, 85 million ha (100%) or national market. According to the data of the whole area of intensive forest use will the World Bank and WWF, the Russian be under the remote control. Federation is losing 5 bln. rubles annual- According to the data of the responsible ly because of illegal logging. federal service (Ministry of Natural There are several ways to stop illegal Resources), 6.8 thousand forest offences logging: were revealed in Russia in 2004; 4.6 thou- ï to develop effective forest legislation sand orders to clear the offence were where responsibilities for offences against handed out; 345 causes were directed to the law are clearly set out and defined (as, the judicial branch, and 27 court cases on for example, in China); illegal logging were initiated. ï to monitor harvesting operations To stop illegal logging and unautho- from space; rized harvesting the following issues have ï to introduce patrols to guard the to be addressed: forests; ï The Economic feasibility of illegal ï to harmonize methods to measure the timber has to be decreased. This can be volumes of timber; achieved by means of certification and ï to mark the timber; promotion of the FLEGT process; 31

ï Legislation must be adopted in which The activity of any forest user (same the responsibility for illegal logging is with any other entrepreneur) is subjected clearly stated; to various internal and external risks. ï Reorganization is needed of the External risks are linked to: existing system of control and monitoring ï receiving less profit because of the and active involvement of space monitor- weather conditions; ing and the ìforest militiaî. ï not following or sometimes breaking of contracts by the clients (buyers); Illegal Logging as an ï not fulfilling or sometimes breaking Entrepreneurial Risk of obligations by the subcontractors or Petrov, V.N. other organizations; Forests in Russia were never seen as a ï forest fires; result of the hard work of people but ï outbreaks of pests and diseases; instead have always been taken as a gift of ï other circumstances not related to Nature. There are two major reasons for the activities of a forest user. such an approach: huge forest areas cou- If a buyer is a foreign company, entre- pled with weak social security for the pop- preneurial risk can be coupled with other ulation. This very fact of human vulnera- kind of risks: political, country, and bility forces people to break the law. financial. Forest can be seen as a kind of proper- Internal risks are mostly linked to the ty as it has a wide range of functions to ability of a manager to organize logging offer. The effects are diverse and lie far operations and sales in such a way that beyond forestry as such. A set of limita- unfavorable financial and economic conditions regarding forest ownership is conditions never occur. tioned by this very fact. That is why puni- The organization of harvesting process- tive sanctions and measures for illegal es and sales depends very much upon the: harvesting within each of the three relevant sets of legislation (forest legislation, ï the level of management; administrative legislation, and criminal ï cost price; legislation) were based on forestry ï quality of the roundwood timber; requirements. Thus, they were developed ï sales terms; artificially instead of being founded on ï the availability of working capital; the legal consciousness of people. ï condition of the technical equipment; Risk as an economic category (related to ï level of mechanization of harvesting illegal logging) is logical when the forest processes; is a source of rent, or profit, or some ï level of qualification of the staff. other values. Nowadays, the concept of ìorganization In this article we will deal with entrepre- of harvestingî has become very complex. neurial risk, as it is exactly entrepreneurs Several components are included: activi- (both domestic and foreign) who bear the ties of the technological process itself; major economic losses resulting from ille- measures to protect leased areas from illegal logging and unauthorized harvesting. gal logging, and unauthorized activities. The state as an owner is less influenced as Underestimation of illegal logging usu- on the one hand it has no idea about the ally results in missed benefits and profits price or value of this property and on the because of the fact that the worst forest other hand it loses from its legal use. stands (with poor tree species composi- The issue of illegal logging can be also tion) have to be included in harvesting considered from another point of view: plans. To avoid these indirect losses, for- illegal logging and the risk to countries or est users have to bear additional expenses illegal logging and ecological or invest- to control and protect leased forest prop- ment risks. erty (see the table). THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Table 1. Economic indices of both legal and illegal harvesting

IIndex Harvesting method Legal harvesting Illegal harvesting Expenses, Expenses, Specific Specific 1 m3, rou- 1 m3, gravity, % gravity, % bles roubles Felling outturn, thous.m3 100 100 - - Stumpage price 76 (152) 9,2 - - Service to the leskhoz 12,6 1,5 - - Salaries for the workers 76,8 9,3 100 17,0 Social tax 27,3 3,3 - - Expenses for preparation of the 40,3 4,9 38,2 6,5 production cycle Equipment maintenance and 86,3 10,5 86,3 14,7 exploitation expenses Haulage and transportation 184,4 22,4 184,4 31,4 serices Forest roads maintenance expenses 17,7 2,2 - - Production expenses 85,0 10,3 10 1,7

Economic expenses 100,0 12,1 50 8,5 Other expenses of the production 39,4 4,8 39,4 6,6 cycle Production cost price 745,8 90,5 508,3 86,6 Commercial expenses 78,6 9,5 78,6 13,4 824,4 Total cost price 100 586,9 100 (900,4) Sales price (average) 897,5 - 700 - Profit 73,5 (-2,9) - 113,1 - Profitability of a produce, % 8,9 (-3,2) - 19,3 -

Note: in brackets there are indices when global climate change. The net result of stumpage price is doubled. this is changing the living environment, including contributing to an increase in the number of natural calamities brought Climate Change and FLEG: on in part by an increased number of Expectations of the Civil Society extreme weather events, and other nega- Teplyakov, V.K. tive effects such as to human health. Scientists all over the globe are still dis- Climate Change cussing the role humans play in climate The buildup of greenhouse gases cou- change, and the exact extent human activ- pled with natural cyclic processes lead to ities contribute to climate change. 33

However, it is not that important for the Change). Article 4.2 runs as follows: average global citizen to understand the ´while calculating the levels of emission details of climate change: ó the impor- and sink of greenhouse gases it is neces- tant thing is that climate change is an sary to use the best scientific knowledge, undoubted and unquestionable fact. including knowledge on capacity of Numerous studies are being conducted to absorbentsî. better forecast and predict the economic, Russian forests are of global impor- ecological and social consequences of the tance, constituting over 22% of the world process of climate change. Programs for forests and possessing about æ of the total mitigation of the major climate change area of boreal forests. According to esti- and the development of adaptation mecha- mates, the stock of annually sequestrated nisms are being devised. Special impor- carbon in forest boreal ecosystems consti- tance is given to research of forest ecosys- tutes 707 million tones, and Russian pro- tems, being a fundamental depositor of vides 75 % of the stock. The total stock of carbon dioxide, which is the major cause carbon, sequestrated within the Forest of the greenhouse effect (almost 80% of Fund of Russia is 36 ó 48 million tones. greenhouse effect is related to CO2 emis- There are some differences in assessments sions, and 20% of these emissions are caused by different calculation approaches estimated to come from land use change, that were applied. Also, there is uncer- including forests loss and conversion to tainty about including various assump- other uses). Efforts to identify the role tions such as carbon accumulation in mort that improved land uses and forest man- mass, carbon losses due to exogenous agement can play to reduce CO2 emissions emissions related to forest fires, pests and from the forest sector are of special inter- diseases as well as to phytotoxic pollution est nowadays. of the atmosphere. All of these are expect- The global importance of forests and the ed to increase with climate change, high- power of their ìbuilding materialî ñ car- lighting the importance of increasing the bon dioxide ó are generally understood, resistance and resilience of Russian and not only in the scientific circles. The forests in the face of climate change ñ general public has basic knowledge about thus making a case for reducing emissions this, which is important. Forests have from this sector by more sustainable land favorable effects upon every sphere of use strategies. life: atmosphere, hydrosphere, soils, flora, fauna, and human beings. As a contribu- Potential of Russian Forests tor to the global climate cycle, the value Most of the experts consider that the of forests extends far beyond the areas in capacity of Russian forests to accumulate which they grow. Numerous studies have carbon is not sufficiently utilized. This can concluded that the best natural vegetation be explained by unsatisfactory forest use; that is able to bind and store carbon over insufficient volumes of both reforestation the long term is forest vegetation. and afforestation; weak forest fire protection; inadequate protection against pests Kyoto Protocol and Forests of and diseases; residual-based financing of Russia the forest sector; lack of political will to The global role of forests in maintaining develop forestry, and, as a result ñ carbon balance was recognized by the absence of a national forest policy. United Nations Intergovernmental Panel During the period 1960ñ1990 the on Climate Change (IPCC). Forests are Annual Allowable Cut (AAC) for the considered to be global absorbent and stor- forests of Russia exceeded 600 million m3 age of greenhouse gases including CO2 and in the year 2000 it decreased up to from the atmosphere (article 4.1.d of UN 550 million m3. However, the actual har- Framework Convention on Climate vest constitutes only 1/5th ñ 1/4th of the THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

AAC. Decreasing of harvesting volumes ity for active carbon sequestration. Thus, does not influence carbon emissions. the environment is protected. However, However, a reasonable increase of harvest- the area which is annually swept away by ing volumes and substitution of mature forest fires in Russia is about 1 million. and overmature forests with younger ones ha, while in some years it can exceed 2 will result in carbon emission in the first million ha. stage. Later, an intensive absorption will As for the influence of illegal logging of occur due to the more intensive annual incremental growth in the young stands. forests on climate, the following observa- During the period 1970 ñ 1990 annual tions can be made: compared to legal log- reforestation in Russia was carried out at ging volumes, the influence of illegal log- the rate of 1.7 ñ 1.9 million hectares. ging on climate is minor and not that Nowadays, when harvesting volumes have noticeable. However, illegal logging and been decreased, reforestation area has also unauthorized timber exports represent declined up to 1.1 ñ 1.4 million ha. carbon emissions, uncalculated under the According to data from the Forest Fund Kyoto Protocol. For Russia, this will cer- account, non-forested areas constitute in tainly result in considerable losses. Illegal Russia more than 100 million ha. These logging leads to budget losses and it neg- are mostly in remote and inaccessible atively affects other forest uses such as areas, mainly located in the Far East (over the gathering and hunting of non-timber 50%), in East Siberia (39%) and West Siberia (about 5%). In certain scarcely forest products. forested parts of Russia, carbon stock is The capacity of Russian forests to bal- negative. This could be corrected and ance the composition of atmospheric gases improved only if large-scale afforestation is to a great extent influenced by ineffec- is carried out, ideally based on a forest tive forest management and failures to landscape restoration approach, which observe the existing laws. This results in balance quality with quantity. considerable deterioration of the forest- According to the research based norms, lands, leading to: growing number of for- 14 million ha of Russian forests are est fires; increased areas experiencing for- required to protect farmlands from est fires; more frequent outbreaks of pests draughts, hot dry winds, water and wind and diseases; decreased forest area, which erosion. At the moment, only 3 million. ha actually means direct carbon emissions, exist. According to the federal complex program ìRising of Soil Fertilityî it was i.e. the potential and capacity of the envisaged for the years 1997 ñ 2000 to Russian Federation within the framework plant forests in the area of more than 700 of a Kyoto protocol is decreased; decre- thousand hectares. Within the framework ased financial flows from forestry; expan- of this program, in the year 2000 forests ding corruption; increased number of were planted only at the area of 25.2 offences against the law and growing vol- thousand hectares. umes of illegal logging. Forest fire protection is nothing else Forests play an important role in the but the protection of the ìabsorbentsî of process of climate change, being directly greenhouse gases. This is a very specific and actively involved in the process of car- issue for Russia. The expenses for fire bon circulation. Russian forests have high protection of 5 hectares of forests are potential to mitigate the consequences of almost equal to the costs of planting of 1 hectare of forest. Moreover, the indirect climate change. However, this potential is effect is much higher as the volume of fire dramatically underused as almost all of the emissions is considerably lower. By plant- indices characterizing Russian forests do ing forests we keep, protect, and maintain not correspond to the place of Russian forests as such, also utilizing their capac- forestry in the world context. 35

FLEG Process, Threats and counteraction. Here are some examples of Barriers forestry related barriers: absence of forest In November 2005 Saint-Petersburg policy or its vague interpretation; ineffec- will host an international Ministerial tive laws and inadequate budget. Conference for the countries of Europe Poverty is one of the major threats in and Northern Asia on the issues of Forest forestry and it is an issue for considera- Law Enforcement and Governance (ENA tion by FLEG. It is recognized and FLEG). acknowledged that poverty contributes to FLEG is an international and voluntary loss of biodiversity, climate change, and process initiated by a number of countries social tensions. Combating poverty helps (building on a decision of the G8) and to eliminate many barriers to equitable and sustainable development. For example, directed to reform of and better perform- the IUCN-CIDA project ìBuilding ance of forest legislation and manage- Partnerships in Forest Conservation and ment. FLEG is an attempt to decrease the Managementî field tested a model of NTFP level of threats through elimination of utilization as an alternative source of barriers, obstacles and limitations. FLEG income for the local people of Kamchatka. is a systematic approach with broader This allowed viewing the poverty issue applicability to any sector of a national from a different perspective. The first economy. As for the forestry sector, here steps of the project were to win peoplesí are the major barriers to overcome: inad- trust, to achieve mutual confidence, to equate or inappropriate legislation; inef- overcome the indifference of the locals, fective forest management; inadequately and to generate interest and hope for suc- socially-oriented economy, and weak cess. The project assisted in setting up sev- democracy. FLEG is a method of system- eral small businesses dealing with the uti- atic problem solving. lization of edible plants and the weaving of In spite of the fact that FLEG began as birch bark. Most of these businesses are a response to the trade in illegal tropical quite successful and prosperous and have timber, there is now a common under- tapped into several markets locally, in standing that this particular issue is Moscow and in Canada. Entrepreneurs related to boreal forests as well. It is from Kamchatka had a clear success, dis- important for both forest-rich countries playing their goods and services at the 1st and for timber importing countries. The International NTFP Fair held in Moscow in issue of illegal logging and related trade is the year 2004 (All-Russia Exhibition of political, economic, and social impor- Centre, former VDNKh). tance. It naturally leads to unfair forest Ineffective forest management and fail- resource distribution. ures to observe the existing laws are bar- For better understanding of the essence riers too, leading to: considerable deterio- of the FLEG process and for its better per- ration of the Forest Fund; growing num- formance it is crucial to see the difference ber of forest fires and the areas swept between the two terms: threats and criti- away by fires; more frequent outbreaks of cal barriers. Threat is something that is pests and diseases; decreased forested hard to influence or regulate. Threats lead area; reduced financial flows from to negative consequences, for example ñ forestry; expanding corruption; increased loss of biodiversity. Forestry related number of infringements and offences threats can be listed as following: over- against the law, and growing volumes of harvesting; overgrazing of cattle; forest illegal logging. fires, and damage from pests and diseases. To overcome barriers and threats Barriers however do not directly influ- in forestry, a thorough analysis of ence the object which is under a threat. A changes that occurred in member coun- critical barrier is not a threat; it is more tries of the FLEG process during the past related to inactivity, inertia, opposition or 15-20 years is needed. These changes THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

require critical analysis and the reviews est businesses. Coordinated positions and should be made available to the public. joint actions within the FLEG process are Improvement of legislation in general of key importance. A successful outcome (and not only of forest legislation) is for the Ministerial Conference would required; clear and understandable defini- encompass the positions of all the mem- tions have to be introduced and explained. bers of the process as the basis for the To get more active public involvement in Declaration, and all the further actions forestry in general and into the FLEG will lay the grounds for an Action Plan. process in particular, a strategy of inter- Society loses quite a big portion of action between the authorities, society, forestry profits due to imperfect legisla- and business has to be introduced in prac- tion and weak law enforcement and obser- tice. vance. Reliable statistics are rather limited but essential: annual losses constitute Research on the issue tens of billion USD worldwide. About 3-4 3 Nowadays, many studies are being con- million m of timber was illegally harvest- ducted or supported, including by the ed in 1997 in Cambodia and profit losses World Bank, EFI, Indufor, CIFOR, FERN, constituted 60 million USD. In Indonesia, 3 TRN, FAO/ECE, WWF, and IUCN. Many in the year 1997 almost 32 million m of other non-governmental organizations are timber was illegally logged; 85% of con- reaching out to invite the broader civil cessionaires were working against the law society to take part in the process. WWF and annual losses summed up to 500-700 and the World Bank have a prolonged million USD. Almost 800 million USD experience of cooperation with business were annually lost in Philippines in early structures involving them into the FLEG 1990ís. In Cameron 30% of timber was process; Socio-Ecological Union, Green- harvested illegally in 1995-1996 and con- peace, BCC and other organizations pro- siderable financial losses occurred due to vide a fundamental information-sharing falsification of marking. role and conduct training programs. At the same time, there is a constella- Strategies of Actions tion of issues that requite special atten- Consequences of illegal and unautho- tion: the organizational structure of rized activities in the forest sector go forestry is constantly changing; criminal beyond forestry sector. Illegal forestry practices in forestry and related spheres activities lead to land use conflicts, to for- are growing; information on forest man- est access restrictions for the locals, to agement and exploitation is not transpar- considerable losses due to unsustainable ent and open enough, and forest owner- forest management practices and to some ship is still under the question. other negative effects. Illegal forest activ- Preparation for the Ministerial confer- ities result in a number of environmental ence is complicated as the terminology is damages such as: biodiversity loss; not yet clarified. Key terms such as ìille- destruction of habitats; rare wilderness gal loggingî and ìtimber of doubtful ori- species (flora-fauna) trade; soil erosion, ginî are not clearly defined. Also, commu- and forest fires. nications strategies involving the mass Indirect economic losses are also worth media, internet, professional publications mentioning as they are quite important and information bulletins are not proper- also. These are: loss of long term profits, ly developed and implemented. benefits and advantages for the society; The FLEG process will be very impor- absence of reinvestments; negative fore- tant in formulating the positions of the casts for logging industry, etc. authorities working at different levels, Strategies focused at elimination of ille- ministries and departments, civil society, gal activities in the forest sector include: non-governmental organizations and for- analysis of the character, scale and rea- 37 sons for illegal activities; combating the ï get information on positive and neg- corruption in a broader context of ative country experiences and to promote forestry and interdepartmental policy; open exchanges of these experiences; active support of high leveled decisions ï recognize the importance of studies related; civil society participation, and on awareness raising when illegal logging involvement of forest industrial represen- and FLEG are concerned. tatives and local population. The development of strategies for long The Main Outcome of the term sustainability is of primary impor- Reform tance. Assessment of strategic impact on a Zakharov, V.P. changing environment (monitoring) is also It is an obvious fact that the forest needed as well as more effective ëpublicí reform is making progress. Amendments control. are being made to the Forest Code in Several strategies go beyond the force. At the same time, an entirely new forestry sector. These involve complex Forest Code is being drafted. The very policy reforms including economic, finan- structure of forest management has been cial, departmental and constitutional com- completely revised. Generally, we could ponents. These reforms include strength- soon celebrate the fifth anniversary of the ening of the institutional infrastructure; reform (since the adoption of the Decree development of local communities, mass of the President in May, 2000 which had media, parliament, and court agencies. abolished Rosleskhoz and Goscomecology). Civil society participation is very impor- What is the outcome of these five tant, so conducting seminars to raise years? Some aspects have already been awareness and to mobilize, to find out discussed while others are being talked ways of cooperating, and to cultivate a over throughout the country right now. In feeling of complicity which includes the our view, the main result of changes, public is essential. Data collection and which have been taking place in this coun- processing, inspection and investigation try, is actually not limited to a crushing have become important components of a defeat of the forest farms system or process of strategy development and pub- prospects of private forestsí ownership lic awareness-raising. legalization. A characteristic feature of our time rep- Suggestions resents an ever-growing isolation of the Having analyzed some of the issues Ministry of Natural Resources from the related to the FLEG process and its clos- society. This assertion could seem ironic est perspective, the following measures against the background of regular state- should be suggested to strengthen imple- ments of high-level officials of the mentation of and compliance with laws in Ministry of Natural Resources and the forest sector: Rosleskhoz in mass media. However, these ï ensure due and effective control; intensive informational activities seem to ï set up cooperation between the be ostentatious in many respects. A real authorities, private sector and civil society; dialog with the society does not exist. ï develop an effective system of check- Currently the entire state system in and-control; general and the Ministry of Natural ï introduce certification; Resources in particular resemble a wood ï secure due professional qualification, grouse, which is uttering a mating call. due equipment and due salaries for the They tell us choking with emotions that staff within the forest sector; everything is going well, and they do not ï organize and maintain the consulta- see and hear what actually happens tion process; around. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

They even fail to hold a dialog with the forest specialists are still mixing up these employees of the forestry department two totally different publications due to itself. Thus, the majority of employees of resemblance of their titles. forest establishments have been acquaint- Things are no better in the field of ed with the draft of the new Forest Code Internet technologiesí application. In spite only owing to public efforts. It appears of all the variety of the Internet sites that the supervisors were not interested to serving the Ministry of Natural find out the opinion of their own subordi- Resources, none of them has become a nates. One would not grudge the subordi- forum for professional and public discus- nates ñ every statement about the essence sion; moreover, none of them even per- or the form of processes underway could forms the task of informing the communi- have been regarded as disloyalty and in the ty about the reform process. As for the environment of the present reorganization Forest Code, the draft text had been or staff reduction that would equal to dis- brought to the attention of the public in missal. Supervisors themselves have been general only three days after the decision put in a complicated situation as well. As had been taken to submit it to the State one of our colleagues put it, ìformerly Duma. Ministerial web-sites have been all subordinates were afraid to state there subjected to censorship on ideological rea- opinion in the presence of their supervi- sons, and very soon even this rather nar- sors, while now it is supervisors who do row ìwindowî for communication with not dare speak in the presence of their sub- people at large has been closed. ordinatesî. As a result, now we lack those To be quite frank it is necessary to note forestry specialists, who disputed these that the present leadership of Rosleskhoz points of view in the stormy discussions at has achieved a substantial progress in the the beginning of the last century in a far field of transparency and general public more complicated environment. informing, although, in our view, that is May be mass media has remained the not apparent enough. Chief of the Federal last stronghold of democracy and publici- Forestry Agency V.P. Roshupkin stated in ty? The majority of journalists from social his presentation at the recent Internet and political periodicals are extremely far conference: ìIf the society indifferently from the problem of forest governance reacts to many other laws, this is not the and they conceal their superficiality under case here. This means that forest today cynicism and daftness, as well as a far- has become an important social compo- fetched and utilitarian approach to pres- nentÖî. We fully support this statement, entation of forest problems. but we should like to underline that in the Professional periodicals could not as time of reforms intended to change com- well escape the processes, which have been pletely the entire system of forest gover- taking place in the forest sector. The old- nance in the country it is extremely est ìLesnayay Gazetaî, being an independ- important to use all the potential of the ent periodical, has been eagerly included in public discussion. Forest specialists, sci- the ìoppositionî. And this is not a point of entists, ecologists and, simply, concerned financial support as such. It is a well- citizens should say their word. They have known fact that a secret ban on publica- something to say in spite of the presence tions in the ìoppositionî press has come and absence of stars in their buttonholes. through from the depths of the Ministry for Natural Resources to its affiliates. It is quite natural that nowadays subscription Efficiency of the FLEG Process to the newspaper at the expense of the and What Shall We Do with organization has become impossible. That? ìRossiyskaya Lesnaya Gazetaî has been Grigoriev, A.Yu. brought into life instead of the edition of Currently, there are two products of the high quality and of proven worth. Many FLEG activity ñ 1) declarations and 2) 39 plans of action for South-East Asia and Indonesia, Malaysian and Indonesian offi- Africa. The Asian set of good wishes has cials have again promised to put necessary been produced at the meeting,which took measures in place. place in Indonesia. Developments of the In January 2005, the results of regular last three years strikingly demonstrate research on the issue of illegal exports of the efficiency of this process. round wood from Indonesia, this time to Indonesia seems to be the largest coun- China, were published. According to data try in terms of infringements of the law available to non-governmental organiza- in the forest sector. While the prescribed tions, up to 3-4 million cubic meters of calculated forest-cutting area is fixed at 6 round timber are illegally delivered annu- million cubic meters a year, Indonesia ally from the Indonesian province Papua to needs about 50ñ60 million cubic meters a China. A large timber port and a timber- year. This means that 50 million cubic processing center, which links up to 500 meters a year are cut down illegally. This enterprises, has been built during a few illegally cut wood meets the needs of not years near Shanghai to a substantial only local indigenous population, but that degree to handle these supplies. The out- of large modern wood-processing (mainly put of this center (furniture, carpentry, plywood production) and cellulose and etc.) is intended for export, inter alia to paper production enterprises with export the United States In the course of an inter- orientation as well (one of the largest national scandal which has been breaking Asian cellulose and paper production com- up nowadays it becomes clear that this panies is Asia Pulp and Paper ó APP). At operation ha probably involved a sort of the time of expedient increase in the for- legal laundering of the illegal Indonesian est productsí processing capacity during wood through Malaysian companies. the last twenty years it was supposed that At the same time, it appeared that sea these products would be provided by plan- transportation of the Indonesian wood has tations of fast-growing species. The pro- been made under the ìcoverî of navy cessing plants have been built, but planta- forcesí officials of that country. Pieces of tions have never been established. information appearing from time to time in In addition, there exists a thriving sec- mass media about arrests of timber ships tor of illegal export of round timber from which sometimes took place show that Indonesia, especially of its valuable these arrests are the results of refusals of species. The flaw of illegal round wood their owners to pay bribes, the size of from Indonesia to a substantial degree which amounts to 10-20 % of the entire provides the furniture industry of the cost of the shipment of exported wood. neighboring Malaysia with raw materials. We can make a long list of examples Results of researches conducted by non- demonstrating that the FLEG ministerial governmental organizations published in process is not efficient in its present con- 2004 show striking evidences of participa- figuration. In this respect, Indonesia is a tion in this activity of not only the large and striking example although not a Indonesian officials which persistently sole one. Similar processes of large-scale fail to stop illegal exports of round wood, illegal timber cutting and trade of illegal but the Malaysian official structures timber which are controlled by corrupted which are engaged in the large-scale representatives of official circles, armed (counting hundreds thousands of cubic forces and police (or their relatives) are meters a year) laundering of illegal registered in Cambodia, Philippines, Indonesian wood as well. Malaysia, Papua-New Guinea, Thailand, As a result, under the pressure of a Liberia, Congo and many other countries. number of the European Union member- The authorities of countries taking part countries, which threatened to take action in the FLEG process take any meaningful against Malaysian furniture producers action only after large-scale international who actively use illegal wood from scandals, based on information provided THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

as a rule by non-governmental organiza- or magnet marker on every log in order to tions, or after disasters caused by the con- watch its transportation with the help of sequences of deforestation. remote control devices would be too cost- An example of a post-catastrophic ly. A wish to make Russian citizens rich option of intensification of efforts aimed enough in order to make them stop steal- at combating against illegal forest cutting ing timber cannot be fulfilled in the is a flood which took place in the Russian environment in the visible Philippines in December 2004 and result- future. ed in the death of more than 1000 people. Based on discussions it seems possible Only after that the national authorities to identify the following set of inexpen- started the next assault on illegal forest sive and really feasible and specific cutters and banned cutting of the coun- requirements: tryís state forests in general. As a result, more or less legally recognized forest 1. Forest guard and desirably repre- users have faced some serious problems, sentatives of state bodies in charge of while the level of corruption among the governance in the forest sector should officials, who enforce the decision on the be represented at least to a minimum ban of logging, has substantially extent at all levels right down to admin- increased. istrative districts Another vivid example has been the sit- After January 1, 2005, the number of uation which took place after the tsunami officials endowed with powers of the state in the Indian Ocean, which victimized forest guard has been reduced from 38 about 300 thousands people. For many thousand to 400. There are only six forest years, the authorities of Indonesia, inspectors in the Moscow Oblast with its Thailand, India, and Sri-Lanka were pas- 2.1 million ha of forests. In regions with sively watching logging of coastal man- a more extensive territory they simply grove forests. Ponds for breeding shrimp unable to arrive in time to places were law have replaced these forests and these infringements have been disclosed. areas have witnessed the process of agri- Without at least 4-5 thousands of state cultural development and colonization of forest inspectors further talks about law lands and tourism and resort industry enforcement in the forest sector would be development. Now in the countries of this meaningless. region there works have been launched to restore these mangrove forests. 2. Provision of information to the In respect of all these problems, in population and the public at large: order to avoid developing a third series of 2.1. On the organizational structure, ìgood wishesî which would not result in contacts and responsible persons of forest anything real except for a pleasant way of governance bodies and the forest guard spending time of relevant ministers and Now, it is simply impossible to find out participants of official delegations, it who is engaged in what and who is respon- seems to be reasonable to submit a limited sible for what. One of the main challenges set of demands and, consequently, to of coordination between the general public require their strict fulfillment. These and the state authorities that are respon- requirements should be inexpensive, real- sible for law enforcement in the forest ly feasible under the existing conditions sector, including illegal logging control, is and specific. to discover these very bodies. We need For instance, under the present condi- handbooks, Internet sites, very simple tions in modern Russia it would be unre- charts of zones of responsibilities, loca- alistic to require that authorities and law tion of forest farms and forestries (in case enforcement bodies should stop engaging they are preserved), places where it is pos- in corruption and start fighting for law sible to find representatives of the state compliance. A wish to put a holographic forest guard. 41

2.2. Provision of widely available and worst scenario. Very often the same local open information on the state of affairs in authorities and various bodies would send the forest sector, lease, plans of logging, bandits to the applicantís home. What inspection activities shall we do with such cases? Today even in case of discovering a case First, we should come in contact with of wood cutting or capturing of forest the local population to get information on lands, it is impossible to understand, things that happen in the forest. May be, whether they are legal or not, due to to a certain extent it would be useful to absence of open information about official set up Public Councils. However, they plans, namely what persons concerned are should openly and sincerely inform people going to do with forests and forest lands. of their activity. Probably, it is reasonable The State inspections should inform citi- to consider preparation of annual reports zens about their actions and their results. on their activities presenting different Otherwise, an image of total incapability views on the current situation, i.e. rang- of state authorities will be formed, some- ing from ìThe report on the state of law- times purposefully, in the public con- enforcement in the forests of Russiaî to sciousness or people will view all this as a ìThe report on the state of law-enforce- new version of the official racket. ment in the forests of Podushkinsky forestry after a recent reform of a forest 3. Establishment of a system of the farmî (that is one of the most popular civil society participation in forest gov- zones of building estates in the forests ernance located to the west from Moscow). 3.1. Provision of ecological expertise of In such reports representatives of plans of forest sector development forestry, forest guard and inspection and Essential materials and expert conclu- local authorities could report on their suc- sions should be summarized on a web- cesses, and the local public or the local sitein in the form of schedules for draft- population could express all their ideas on ing new documentation, terms of carrying the topic. And again it should be placed on out ecological expertise and conducting a web-site in order to make it available to public hearings instead of being of ìheard each and every stakeholder. ñ approvedî type. If nobody wants to take part in an expertise or a hearing ó let be 4. Comparative analysis on what is that way. However, it is necessary to considered legal and illegal in the forest record this fact, and then to let discon- sector. Elaboration of general require- tented citizens blame themselves. ments of stakeholders from different Meanwhile, now they are totally ignored countries and deceived. It is clear that in response Law-enforcement in the forest sector citizens would either ignore the authori- should not be limited to the sole problem ties with their laws or protest. of illegal cuttings. 3.2. Establishment of a system for There are still problems of ìillegality of working with applications submitted by authoritiesî (for instance, ignoring citizens and representatives of the public demands to carry out an ecological expert- at large and taking their views into ise, informing and taking into account the account opinion of the local population and the gen- Concrete actions could be very differ- eral public, violation of regimes for water- ent. Where to apply in case of discovering protecting zones, sometimes extreme neg- that something really illegal is going on? lect of normative base, etc.). There are also That is a big problem. Power authorities poaching, illegal capture of lands, tax leg- and law-enforcement bodies most likely islation violations and crimes and so on. would not react to an appeal, while the Besides, the FLEG process includes not offenders would come to ìsettle downî only law-enforcement challenges but that with the applicant. But this is not the of forest governance as well. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

The FLEG process stakeholders should certificate is issued ó a document that agree upon what should be viewed as confirms that a quality system of the sup- acceptable and what ñ as unacceptable, plier meets the standards of a given qual- since the legal framework in member ity system and other additional require- states is rather heterogeneous and its ments. In case of forest certification the enforcement is characterized by even more object of evaluation represents the system clearly pronounced peculiarities. of forest governance in terms of its compliance with certain standards of respon- 5. Creation of a system for suspending sible forest governance. illegal activities in the forest sector and Targets of certification in many points supporting actions aimed at introduc- intersect with the aims of the FLEG tion of sustainable and socially respon- process: thus, FLEG is aimed, generally, sible forest governance at providing law-enforcement in the forest Currently, the country lacks a really sphere, including liquidation of illegal working state system for suspending ille- cutting of forests and improvement of the gal activity. Systematic activities are sub- quality forest governance in general. stituted by campaigns such as ìcriminal in Voluntary forest certification according shoulder-strapsî, ìspace monitoringî and to the Chart of the Forest Trusteeship so on. At the same time, recently we could Council (FSC) emerged in 1993 as a more vividly see the escalation of the response to requirements of consumers repressive nature of the state machinery. from ecologically sensitive west European In the absence of tradition of persistent markets. Certification under the FSC and fair law-enforcement, collapse of the Chart takes into account observance by an system of state forest governance, corrup- enterprise of high ecological standards, its tion of authorities and law-enforcement social responsibility and economic stabili- bodies, lack of an independent judicial ty. The main tasks of certification under system, poverty of the local population the FSC Chart are defined as identifica- [introduction of a system for suspending tion of forests with the best quality of illegal activities] would cause social governance and provision of an opportuni- protests instead of solving problems. One ty to monitor the production of certificat- of the saddest results could be growth of ed output ìfrom the counter to the for- violence in forests and an increased prob- estî. Availability of the FSC certificate ability of arsons. would help companies to meet the require- The state system for supporting actions ments of the FLEG process. Nevertheless, aimed at introduction of a stable and the FSC certification for the time being is available only for the most serious compa- socially responsible forest governance and nies that are ready to bear expenses of forest use system is also lacking. It is dif- overcoming inefficiency of the Russian ficult to say now what does the state do in forestry and to fight against administra- order to support any positive tendencies tive barriers. in general. A system of forest governance in a certain forest area is subject to certification, Certification According to the involving both a system of documentation Chart of the Forest Stewardship of forest governance and practical quality Council and the FLEG Process of managing a forest farm. A mark of con- in Russia formity is put on any product that origi- Karpachevsky, M.L. nates from such a forest, what is con- As defined, certification is a procedure firmed by a certificate for a range of under which a third party issues a written deliveries. At the present moment (as of conclusion that a product, a process or a January 31, 2005) the FSC incorporates service complies with certain rules. more than 600 members, 31 national ini- Following the results of certification a tiatives, 13 bodies for certification. Under 43 the FSC Chart 51.3 hectares of forests tion in the process of making decisions on were certificated, 685 certificates for for- the forest use are often ignored. There are est governance in 62 states and more than considerable legal barriers impeding intro- 3.6 thousands certificates for delivery duction of ecologically safe methods of chains were issued. In the whole world logging and preservation of biological there are more than 10 thousands types of diversity at the leased plots. products produced with the FSC marks, Massive forest certification focused on including furniture, window frames, the forest sector is impossible if the state floors, packing tare, paper and pencils. does not establish normal systems for for- A national initiative supporting the est governance and monitoring of forest development of certification under the use. In order to meet the FLEG processís FSC Chart in Russia has been launched requirements it is necessary to elaborate after the establishment in 1998 of an ini- clear and well-defined criteria permitting tiative group for the development of cer- to conduct an objective evaluation of the tification under the FSC Chart. In 1999, quality of forest management and to mon- there a National Working Group (NWG) itor timber production right up to a plot was established and as early as in 2000 of its cutting. A part of requirements for the first area of the forest fund in Altai the FLEG process could be adapted on the received the FSC certificate. Since 2000 basis of the Russian FSC standards. three regional groups have been operating in Russia and in 2002 a Coordination Council of the National Working Group Certification as an Instrument was legally registered. In 2003, the for Controlling Illegal Logging National Working Group approved draft Lipsky, V.A. framework standards. In 2004-2005, the The Russian Administrative Code con- National FSC Office was established in siders the following cuttings illegal: cut- Russia. On January 1, 2005, 13 forest tings conducted without permitting docu- areas with total area of 3,857 thousands ments, cuttings conducted with permit- ha were certificated under the FSC Chart, ting documents issued in violation of the and eight certificates were issued for the existing rules of cutting, cuttings that are delivery chains. Today about 0.7 millions made at wrong plots or beyond right plots, ha in Russia are in the process of certifi- cuttings that exceed prescribed quanti- cation. The process of certification also ties, cuttings of wrong species or trees not involves such large companies as IKEA, allowed for cutting, cuttings of trees for- ìNoyzidler Syktyvkarî, ìTitanî, ìIlim bidden for cutting by the legislation in Pulp Enterpriseî, ìStura-Encoî. force law and so on. Nevertheless, there is a range of obsta- Illegal timber is cheap and thus prof- cles on the way of certification develop- itable for both the forest code offenders ment in Russia. Thus, forest farms lack and forest consumers. The main motiva- motivation for conducting stable forestry tion for illegal cuttings is economic inter- while timber producers in practice are not est of forest users. In order to stop illegal engaged in forest sector activities at all. cuttings it is necessary to establish a com- Today, Russia lacks an efficient system of plex of factors affecting forest users controlling forest use, including real including economic, restricting and moral institutional incentives for long-range factors. Is certification capable of incorpo- planning, deep processing of timber, con- rating all these factors? version to the principles of non-depleting After certification of its output, a com- use and etc. Successful development of pany gains an image of an ecologically forest certification in Russia is hampered responsible company, which strengthens by low social standards in the forest sec- its position in the market. The cost of cer- tor and timber-procurement industry. tified timber is 15 % higher than that of Views of general public and local popula- non-certificated one. With that in mind, THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

certified output amounts to 7 to 15 % of tion is not sufficient, since it does not the world market of timber materials. guarantee the legality of documents. On Taking into account the fact that the main the other hand, full legality of timber quantity of the Russian timber exports does not guarantee its compliance with a enters ecologically sensitive markets, we place of growing. In this connection we can talk about a certain economic interest need a system of control and monitoring of timber producers in certification. North movement of certified timber. Creation of America, the European Union and Japan such a system would be possible under are ecologically sensitive as far as forest condition of interest from the part of for- production is concerned. On the other est users and forest consumers. The certi- hand, Russia, the CIS countries, countries fication implies application of principles, of the Asian Pacific Region, African coun- criteria and indicators for organization of tries, Latin American and Middle-Eastern management, control and monitoring. The countries are not sensitive. final performance depends on local con- Certification could be economically rea- trolling organs and interest of forest sonable only for companies oriented at users. It is necessary to create our own ecologically sensitive markets, since certi- system of control and monitoring of legal fication is accompanied with additional timber. costs, certified output has no cost benefits Are moral factors capable of stopping and a company loses opportunity to use illegal cuttings? Moral factors imply cheap illegal timber. It is necessary to responsible attitude on the part of forest take into account that the share of ecolog- users to the forest, which is formed in the ically sensitive markets in the structure process of public education. Certification of timber output export is decreasing could promote popularization of control while domestic consumption of timber over illegal cuttings, creation of the cul- output is on the rise. At the moment there ture of certificated goods consumption, is strong competition between certifica- strengthening of public pressure on pro- tion systems at ecologically sensitive mar- ducers of non-certified timber. kets. There is not a single unified sub- We can come to the following conclu- group of certified goods and consequently sions: certification does not guarantee a there are no benefits, while the costs of carrying out certification and its realiza- 100 % prevention of illegal cuttings, it is tion are rather high. rather an additional system of control of Is certification capable of controlling illegal cuttings. The system of control and illegal cuttings? Forest certification pres- monitoring of illegal cuttings should be ents a range of requirements to the sys- established by the owner of the forest, i.e. tems of forest governance and chains of by the state with participation of forest moving timber from places of growth to users. Currently, certification is of no eco- final consumers. In order to prevent ille- nomic interest to forest users since the gal cuttings it is necessary to control and growing domestic market and expanding monitor both systems. ecologically non-sensitive markets do not Currently, it is forest farms and inspec- stimulate development of forest certification bodies that ensure day-to-day control tion in Russia and, as a result, illegal cut- of forest code violations. The existing sys- tings become more profitable in economic tem of management and control of forest terms. Nevertheless, forest certification is resources is non-transparent and ineffi- profitable in terms of creation of an eco- cient. It does not stimulate better quality logically responsible image of large verti- of control and management and lacks legal cally integrated companies. At the same foundation for cooperation with external time, there is no established public opin- structures. Regrettably, control of the ion while general public id unfamiliar movement of certified output on the basis with the state of forests and the scale of of marking and accompanying documenta- illegal cuttings. 45

Today, it is necessary to take the follow- 3. Social block ing actions: - Labor protection and provision of ï to form public opinion and to keep social guarantees to workers general public informed of illegal cut- - Empowerment of the indigenous tings; peoples and the local communities ï to create economic instruments - Public awareness raising on the which could instigate interest on the part enterpriseís plans of economic, ecologi- of forest users; cal and social development ï to harmonize national laws with the - Public involvement in decision- international law and to promote the making in the area of forest governance process of certification as an additional on the issues of particular public con- controlling element. cern The forms and areas of public relations Perception of FSC certification work are laid down in the national norms and public involvement opportu- and described in the FSC principles. nities Principle No. Two ñ Rights and obliga- Kuliasova, A.A. tions of owners and users The stakeholders of the FSC certifica- Local communities that have legal or tion process at the international level traditional rights to own or use resources include international network-type envi- should exercise control of forestry activi- ronmental NGOs (WWF, Green Peace, ties in order to be able to protect their Rain Forest Alliance Network, Earth rights and resources. Ethic, etc.), international forest business Principle No. Four ñ Relations with the community (Stura Enco, IKEA, Home local population and workersí rights Deport, etc.), financial and industrial Forestry activities should support or groups and banks (City Group, World improve the social and economic well- Bank, Bank of America, Agricultural being of forestry workers and the local Bank of Canada, some European banks). population. In addition to defining rela- At the national level they include nation- tions between the enterprise and the local al offices of international environmental NGOs, Russian and foreign companies and population as a labor resource (for ins- holdings as well as governmental struc- tance, the local population residing with- tures. At the regional and local level the in or near the areas included in forestry cerification process involves forest log- activities should be granted an opportuni- ging and forest processing enterprises, ty to get a job or other services), this regional offices of international environ- principle regulates the relations between mental NGOs, regional and local environ- the enterprise and the local community. mental NGOs, trade unions, public and The certification system lays down cer- the local population. tain norms for interactions between The main FSC norms are subdivided forestry enterprises and the local popula- into the following general blocks: tion. Thus, the enterprisesí plans on 1. Economic block forestry and forest use should take into - Enterprisesí economic efficiency account their social implications and pro- - New technologies introduction vide for interaction with the local popula- 2. Ecological block tion and all groups and persons concerned - Biodiversity conservation in order to assess possible social implica- - Sustainable forest governance and tions of forestry activities, while the forest management enterprisesí activities should be carried - Forestry activities to improve a out with due regard to the legal rights of water protection and fishery function of the local population to the traditional use the forest and bio-resources growth of forest and other biological resources. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Enterprises should take necessary meas- potential as an instrument of changing ures to consider and settle all disputes and the mentality of owners and managers of to compensate for damages caused to the large forestry companies. local population as a result of the econom- Managers of forest enterprises perceive ic activities. FSC from a somewhat different point of The FSC norms resulted in the following view. Certification requirements are per- forms of public relations activities: ceived as the requirements of the owner ï Round-tables for professionals in the and they are to be complied with as sup- field of forestry and sustainable forest plementary instructions on modernization governance and forest management involv- and ecologization (or ecological modern- ing all the groups and persons concerned ization). Managers view these require- (enterpriseís management, local adminis- ments as an additional incentive for mak- tration, trade unions, NGOs, population); ing investments in machinery and technol- ï Consultations between the enter- ogy. Certification helps to provide social priseís management and the local popula- guarantees and benefits for workers and tion and all groups and persons concerned the local community and to defend them in front of the owner company (if the for- to elaborate plans of economic, ecological est enterpriseís management views itself and social development; as a member of the local community. ï Public hearings on the adoption of the Nevertheless, there is lack of understand- plan of the enterpriseís economic, ecological ing of the need and essence of public and social development, leasing of blocks of interaction and too formal implementation forests to particular companies, etc.; of awareness raising requirement (some ï Questioning the enterpriseís staff, information is distributed through representatives of the local self-govern- Internet, mass media and billboards on ment bodies and the local population; FSC in general, pre-audit and audit activ- ï Forest clubs that are involved in ities, certificate issuance; however, it con- intersectoral consideration of forest-relat- tains no specific details on the process of ed issues; the enterpriseís certification, changes in ï Continuous ecological education on forest governance and forest use pat- sustainable forest governance and forest terns). The workers of the forest enter- management; prise and the local population usually ï Distribution of information through know that certification did take place. the media and Internet on the key events, Workers know additional ecological successes and problems of forest certifica- requirements to the activities at the work- tion development and implementation of place. At the same time the population plans on the enterprise and community does not understand all the benefits development resulting from the forest enterpriseís cer- Due to novelty of the certification tification and has no idea of its rights and issue, the peculiarities of its perception by opportunities of their implementation. different stakeholders come at the fore- Trade unions and the public understand front. Thus, the FSC is perceived by the that certification represents an actual owners and managers of companies (hold- mechanism for social guarantees and ings, timber-processing and paper and rights implementation. At the same time, pulp enterprises) as a requirement of it is still unclear what should be done in western partners and buyers and as the order to make this mechanism working? only possibility to start and to continue This social group is mostly interested in work with a particular western market. In the FSC social aspects and to a less other words, it is viewed as just another extents is concerned with ecological ones. regulation that should be complied with in On the other hand, international environ- order to achieve the desired result. This mental NGOs that press for certification perception forms the essence of the FSC under the FSC system in Russia are main- 47 ly focused on its ecological aspect, while Factor No. One ñ All reforms lead business community would have hardly to ill-being engaged in this kind of certification if it We all remember voices against the new turned out to be unprofitable in economic Forest Code, which provides for private terms. This is the essence of the main ownership of forests. Of course, a very intersectoral conflict of interests. How- small group of people went to protest in ever, it is quite natural if only it is bal- the streets. However, both residents of anced. For the time being, business com- big cities and small settlements at their munity and international environmental kitchens and orchards actively discussed NGOs have united forces in order to pro- ìhow bad it will be if they donít let us use tect forest of the population, although in forests to gather mushrooms and berries practice it is only possible to conserve for- and fence all the forestsî. est through joint efforts. One can draw a conclusion from these Measures to be taken in this respect statements that people are against private should be of comprehensive nature. It is ownership of forests in general. We decid- required: ed to conduct a small poll on this theme. ï To put pressure on auditors in order It appeared that the majority of people to bring the forms of their work in line were against private ownership of forests with the Russian environment but the same majority said that they ï To inform the local population would be glad to have their own plot of through mass media in a more frequent forest. On the question what will happen and specific way, as well as through NGOs if the private ownership is nevertheless ï To actively involve regional and for- introduced, they answered that some oli- eign trade unions in the certification garch will buy another ìChelcyî and paint process under the FSC procedure a fir-tree on a T-shirt. ï To conduct workshops on FSC capa- It is clear from the poll that people are bilities and requirements for directors of sure in advance that the reforms will not forestry farms and forestry industrial bring anything good to the main part of complexes as well as trade union and pub- the population, that their rights by no lic leaders, MSU managers, work safety means will be protected or taken into and health engineers and FSC responsible account (in any case ñ in a practical way). persons This opinion has been formed by a long ï To exchange experience in both the experience of reforms of the last 15 years. FSC certification development demon- It is necessary to pay a increased attention strating successful examples and public to the mechanisms of protection of the involvement organization˛ interests and specific nature of the main part of the population as well as to dis- On the Issue of Public Attitudes semination of information on these mech- to the Problem of Law and anisms and explanation of their possible Legality in the Forest Sector applications. Zakharova, O.A. In this presentation, we would like to Factor No. two ñ Distrust in offi- show in brief the social and psychological cial sources vision of forest and forest relations and The next factor, which is necessary to the background against which the FLEG take into account, relates to distrust in process will take place. This presentation official sources of information. People do is based upon longstanding experience of not believe in promises and assurances the author in working with current forest that their rights will be protected and problems, talks with residents of different taken into account. regions, analysis of information reports This situation is deeply rooted in those and scientific materials and so on. times when food was made more expensive THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

ìupon numerous requests of the working but a very serious source of support in peopleî. Now interests of state depart- their attempts to attain self-sufficiency. ments, business structures, etc. are pre- Following the logic of traditional cul- sented as the interests of the population. ture, every local resident has a right to In doing so, electronic mass media reports his share of benefits produced by the for- cheerfully about growth of well-being. est. It is obvious that now due to changes Naturally, this contradiction between in the cultural environment as well as reality and propaganda cannot pass unno- intensive migration of population this sys- ticed. That is why people who do not want tem of forest relations and forest culture to believe that they live well, are not con- in general have been strongly damaged vinced by official sources of information but its elements are still deeply vested in and propaganda in mass media. We can the peopleís memory. Just because of that, assess the percentage of distrust, and it is attempts ìto take awayî, ìto close the for- impossible not to take into account this estî or to make it a private asset in the factor in our work. course of reforms cause loud and obvious Therefore, organization of public hear- protests and wide grumble and discontent. ings in the course of various initiatives Nearly at every big and small town and implementation can become, on the one village people discuss the gloomy future hand, a means of a two-way communica- coupled with no access to the forest. tion and will help to take into account the Local people have a special moral ìtra- real interests of the population and to ditionalî right to the forest as well as to increase trust in the initiative as well. On all its resources. In the present environ- the other hand, imitation of public activi- ment, the local population that resides ty will only increase tension and distrust. near forests begins to think that their des- tiny is decided by an alien. They begin to Factor No. three ñ The traditional fear that an alien will come and take away law what belongs to the local people. Their It is not accidental that the forest way of life determines their negative atti- reforms have caused a strong public reac- tude to the forest reforms aimed at priva- tion. Traditional forest use, traditional tization and strengthening of exploitation culture and a way of life are usually con- on the part of these ìalieníî structures. nected with so called peoples leading a traditional way of life and residing at a cer- ìThe ìtraditional lawî and the tain small territory. It is of these peoples legality concept we speak when we say that if they are In terms of ìthe ìtraditional lawî a deprived of forest, they will disappear as peculiar notion of the legality and illegal- a nation and their culture will vanish, too. ity of forest use emerges. Thus, in terms Just because of that, certain plots of for- of ìthe ìtraditional lawî there is nothing est are left for traditional use. wrong in the fact that local people cut for- However, in terms of forest relations est for their needs ñ for firewood, fences, reforms and strong opposition to them, we hothouses. At the same time, such an propose to look at this situation from dif- activity can be illegal from the point of ferent angles. The fact is that the remain- view of the state but an îoffenderî does ing part of the Russiaís population also not feel himself guilty as he view this sit- leads a definitely traditional way of life uation just as ìaliensî try to limit his and has a traditional vision of forests and right to use what has always belonged to forest use. This fact is often neglected in him (his forefathers and so on). the assumption that most people have lost The reverse side of that is the percep- mutual relations with the forest. However, tion of ìalienî activity in his forest as an for a considerable portion of the popula- ìillegalî one. The scale can vary ñ from tion forest still remains if not the main simple disapproval and hostility to 49 stronger actions. In this case the avail- to the forest as the means of existence has ability of an official state license does not led to the appearance of a great number of make any difference. The main thing is that ìourî forest is taken by ìaliensî. ìpseudo-legalî half-private loggings, saw- There is another important fact ñ every- mills and production of goods, for exam- one in this country knows that ìthe law could be turned for the benefit of any ple, fellings. Local population unites in sideî and so the matter of any license is groupings based on the traditional territo- just a matter of money. That is why peo- rial character and collective guarantee, ple from the very beginning are motivat- ed by their vision of justice formed on the and local inspection bodies do not basis of traditional notions and relations approach to them fearing for their life rather than by the official concept of law. and health. All these cases take place not As a result, local people believe that their right to life and use of resources is violat- only in Siberia and the Far East, but in ed which they can tolerate no further. the European part of Russia being very They start active actions, which could be qualified as illegal such as, for example, close to Moscow. One example is found in burning of equipment. Such radical the southern regions of Vladimirskaya actions are explained by distrust in the Oblast. A system of provision of free tim- fact that the law will stand on their side and will help them to protect their rights. ber ìfor own needsî of farms in rural area In this case, peopleís trust in the FLEG caused ìself-organizationî of people in process directly depends on how illegal logging will be qualified. We have regu- groupings which can be considered crimi- larly received signals from people on nal. Farms for needs of which timber was ìpseudo-legalî cuttings (destruction of provided ceased to exist long ago but prac- blocks of forest intended for traditional use, substitution of one way of cutting by tically in every village there is a saw-mill another, ìofficialî cuttings without due in operation. If the provision of free tim- assessment and so on). ber ìfor own needsî is stopped as a result ìForest mafiaî of local significance of reforms, logging and production of Illegal logging and production of saw- ìblack fellingsî will continue since these timber are obviously caused not only by social and psychological factors but by the villages have already developed a ìwood weakness of law-enforcement and poor addictionî. transparency of borders with China and According to our information, similar Turkey. Here we will not address problems connected with non-legal export of timber ìforest and industrial complexesî operate but rather dwell on the industry which in other regions of the European part of essentially supplies the domestic market. Social precariousness on the part of the Russia. Cessation of such practices state plus the idea of the traditional right requires serious legal and social measures. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

List of participants

Participants of Public Hearings Marina Arbuzova, Deputy Chairman, Sergei Popov, Head, Scientific Murmansk Municipal Studentsí Board, Cooperation Division, Voronezhskaya Murmansk Oblast clinical consultative and diagnos- Alexander Kindsfater, Head, Production tic center, Executive Director of the cen- and Technical Division, FGU ´Priluzsky ter for combating ecological threats (CCET), Voronezh Forestry Farmª, Obiachevo village, Republic of Komi Julia Popova, lawer, Far East Interregional Ecological Public Sergei Klado, Writer, Moscow Organization ìEcodalî, Khabarovsk Andrei Kozlovitch, Chairman, ìAristonî Ludmila Punegova, PR officer, Komi Foundation, Segezha, Republic of Karelia Regional Non-Profit Foundation ìSilver Tatiana Kosolapova, Tchernysh secondary Taigaî, innovation team of Priluzie school, teacher; Deputy of Priluzsky Model Forest project, Obiachevo village, Municipal District Council, Tchernysh Republic of Komi village, Republic of Komi Marina Rubtsova, Head, Ecological seg- Sergei Kramorov, Director, East-Siberian ment of ìVariantî Companies Group, Regional Trade Agency ìKemerovo Moscow Plantsî, Irkutsk Anton Sobin, Chairman, Murmansk Evgueny Kukushkin, Chairman, Dvinsky Municipal Studentsí Board, Murmansk Forestry Farm Trade-Union, Dvinsky vil- Svetlana Tchernikova, Associate Professor lage, Arkhangelskaya Oblast of Ecological Safety and Sustainable Julia Kuleshova, Head, PR service, ANO Regional Development, Chair of Geography Center on Local Self-Government Legal and Geology Faculty of St-Petersburg Support, ANO ìEcoTerraî Project State University, St. Petersburg Coordinator, Moscow Natalia Shiperova, Non-Profit Alexei Kuraev, Laboratory, Satellite Partnership of Vologodskaya Oblast Geophysics and Oceanology LEGOS, Enterprises on Civil Housing and Toulouse, France, State Oceanographic Utilities Sector, Vologda Institute, St-Petersburg affiliate in Evgueny Yurichev, Chairman, Board of Toulouse Oblastís Public Organization of Forestry Andrei Laletin, Adviser, NEFCO Sector Veterans, Vologda Company, Krasnoyarsk List of Experts Addressing the Nikolai Lopan, Kurgan Oblast Charity Hearings Foundation for Game Animals Protection ìSapsanî, Kurgan Dmitry Afinogenov, Associate Professor, North-West Academy of Civil Service, Alexander Mariev, Deputy Director, St. Petersburg Komi Regional Non-Profit Foundation Mikhail Gorny, Executive Director, ìSilver Taigaî, coordinator on ecology of Humanitarian and Politology Center Priluzie Model Forest project, Syktyvkar, ìStrategyî, St. Petersburg Republic of Komi Alexei Grigoriev, Expert, International Andrei Ozharovsky, Moscow Socio-Ecological Union (ISEU), Moscow International Discussion Club, Moscow 51

Vladimir Dmitriev, Program Coordinator, Igor Shutov, Chief Researcher, St. WWF, Moscow Petersburg Forestry Research Institute, Gennady Ivanov, Leading Expert, ìIlim St. Petersburg Pulp Enterpriseî, St. Petersburg Alexei Yaroshenko, Coordinator, Forest Mikhail Karpachevsky, Coordinator, Programme, Greenpeace-Russia, Moscow Forest Programme, Biodiversity Vladimir Zakharov, Editor, ìForest Conservation Center, Moscow Bulletinî, ISEU, Moscow Antonina Kuliasova, Researcher, Center Olga Zakharova, Web-site Editor, ISEU, of Independent Sociological Studies, St. Petersburg Moscow Vitaly Lipsky, Analyst, North-West FC Organizers Confederation, St. Petersburg Alexander Karpov, Head, Expertise Sergei Morozov, Deputy Head, Federal Center ìECOMî, St.-Petersburg Forestry Agency for Leningradskaya Naturalistís Society, (SPNS-ECOM), Oblast and Saint-Petersburg, St. Saint-Petersburg Petersburg Marina Andreeva, Expert, SPNS-ECOM, Sergei Orlov, Deputy Chairman of Natural Resources Committee, Saint-Petersburg Government of Leningradskaya Oblast, Nadezhda Koníshina, Expert, SPNS- St. Petersburg ECOM, Saint-Petersburg Vladimir Petrov, Deputy Chair of Department, St. Petersburg Forestry Observers Academy, St. Petersburg Liya Korobova, Staff Officer, Global Olga Rakitova, Analyst, North-West Opportunity Fund, British Embassy, Confederation of Forest Complex, St. Moscow Petersburg Anna Shougalieeva, Staff Officer, British Nikolay Shmatkov, Head, Forest Council, SEPS Programme Programme, IUCN-The World Conservation Union Office for Russia Stas Stoianov, Staff Officer, British and CIS, Moscow Council, SEPS Programme THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

52 Regional Seminar ìCivil Society Involvement in Forest and Forest-Related Law Enforcement, Governance, Use and Trade. The ENA FLEG Process Developmentî (Khabarovsk, March 2-4, 2005)

This seminar was organized by the UCN law enforcement in forest sector; N. Office for Russia/CIS, the Far East Shmatkov has touched a question on what Interregional Ecological Public problems process FLEG can face at a local Organization ìEcodalî with support and level; I. Bolgova has presented experience participation of regional structures of the of struggling against the illegal logging Ministry of Natural Resources of the available at public ecological centre Russian Federation. ìDauriaî; I. Bogdan spoke about opportu- The participants discussed the perspec- nities of use of environment impact tive of Russian NGOs to the ENA FLEG assessment (ecological expertise) as a tool process. There were three groups of issues of public participation in forest manage- discussed at the seminar on legislation, ment, and ¿. Panichev has told about timber industry and public participation. In legal group of questions, V. preservation of virgin forests in a valley Teplyakov has acquainted the participants of the river Bikin. with the Russian initiative on the FLEG Other participants of a seminar have Ministerial conference of the countries of also made their presentations: N. Europe and Northern Asia. F. Frolov and Gelevskaya (Federal Forestry Agency for G. Borets have depicted current position Khabarovsk Krai), V. Saikov (the in wood sector of the Far East, M. Khabarovsk regional branch ´The Russian Karpachevsky spoke about changes in for- Ecological ìGreenî Party), Eichiro est legislation of the Russian Federation, Noguchi (International nature conserva- M. Moroz has told about prosecutorís tion NGO ìFriends of the Earth ó supervision of forest law enforcement. I. Japanª), S. Aushev (´The Institute of the Prorok reviewed the condition and ana- International Ecological Safetyª), V. lyzed the reasons of illegal logging; E. Kuznetsov (Association of Indigenous Zabubenin spoke about forest conserva- Peoples and Minorities of Irkutskaya tion in the Far East with the help of dem- Oblast, and ´The Baikal Ecological ocratic institutes and project FOREST. Waveª), G. Stetskaya (Non-profit partner- In timber industry group, D. Smirnov ship ìEcopatrolî), and N. Vecher (The has presented an analysis of current tendencies in wood export from the Russian Public ecological organization ´Zov Far East; M. Karpachevsky has told about Arshanaª). opportunities of forest certification in At the last working day of the seminar Russia, and V. Pilipenko spoke about the round table was held on practical problems of the timber industry in aspects of combating the illegal logging Khabarovsk Krai. and promotion of the FLEG process. The On public participation V. Teplyakov proceedings and discussions resulted in spoke about problems of civil society and the recommendations from the seminar. 53

Recommendations from the seminar

The participants in the seminar ï To sign and to ratify the Protocol on endorsed the position of environmental Strategic Ecological Assessment of the non-governmental organizations on the above mentioned Convention; issue of ENA FLEG conveyed in the state- ï Development and catalyzing of judi- ment dated February 14, 2005. This docu- cial mechanisms to resolve conflicts ment was submitted to the International between the public, companies, and the Coordination Committee on the 21st of state in the field of forest use and envi- February 2005. ronmental protection; ï To improve the system for the The participants also considered that involvement and control of public prose- under the current circumstances the fol- cutors in the field of forest use and envi- lowing tasks should be prioritized: ronmental protection; ï Development of an adequate and ï To improve calculation methods and effective legal framework to ensure compensation mechanisms in case dam- nature protection and ecological safety. It ages and losses occur as a result of the is suggested that improvement of legal offences against ecological legislation; practices is needed to guarantee liability ï To ensure the application of mecha- for offences against ecological legislation; nisms to cease and combat illegal logging; ï Elimination of contradictions and ï To consider alternative groups and inconsistencies between the natural detachments to guard and protect the resource and nature protection legislation Forest Fund sites; of the Russian Federation as well as ï To direct state authorities and public ecological organizations towards an between environmental legislation and ecosystem approach instead of supporting some others, including tax and customs silvicultural, resource-oriented forest legislation; management; ï Ensuring the implementation of leg- ï Development of regional strategic islation through adoption of legal acts for programmes to support large-scale forest the execution of the federal laws; industries, ëbig timber mení and those ï To make the necessity to submit who invest in the forest industrial sector; environmental grounds a legal require- ï To consider gaining higher profits as ment when conducting tender processes, a major economic task for the forest use contests, and auctions for allocation of instead of striving for maximum sizes of forest use rights; timber harvested; ï Harmonization of the legislation of ï To conduct an economic and ecologi- the Russian Federation in the section on cal assessment of the forest resource to environmental protection; assess the potential for further growth ï Bringing the laws of the Russian and development, considering alternative Federation into conformity with the possibilities for socio-economic develop- norms of international law (in the field of ment; forestry). This has to be done within the ï To ensure legal support of regional framework of the obligations of the interests and to consider the social and ecological risks of projects dealing with Russian Federation to comply with adopt- nature use (through deposit/security ed and ratified international agreements; funds); ï Ratification of the Convention on ï Strengthening of international coop- Environmental Impact Assessment in the eration on regulation of forest markets; transboundary context (Espoo, Finland) ï To assist in developing a system of that was signed by the Russian Federation ongoing education in both legal and envi- in the year 1991; THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

ronmental disciplines. These have to be legality of timber harvested. Also, data introduced in secondary and high schools as on felling licenses and other documents well as in institutions of higher learning; that would allow tracing the timber ï To actively cooperate with business should be included. Quick and easy structures, being based on the principle of access to this information has to be pro- distribution of social responsibility. vided to the representatives of mobile Taking the above mentioned into monitoring groups, stationary observa- account, the seminar participants expres- tion posts, and customs representatives; sed their will to appeal to the legislative ï Creation of special storage sites bodies and to the executive power of the and dispatching areas equipped with Russian Federation and also to the Far stationary observation posts to check Eastern subjects of the Russian Fede- the origin of incoming and outgoing timber; ration. The participants called for the fol- 3. To take measures to re-equip enter- lowing urgent measures: prises for deep processing of timber. To 1 To change the organizational struc- support and stimulate the development ture of the forest guard to give preference facilities for deep processing of timber it to mobile, flexible, well equipped and is advised to introduce additions to cus- armed interdepartmental groups of tomsí legislation. It is suggested to differ- inspectors. These groups have to include entiate between customs and duties for representatives of legal protection depart- new technologies in timber processing. ments. The existing system of forest 4. To establish the scheme for financing guard by plots and forest sites also has to of forest management and planning in due be maintained. time and quality. This has to be done to 2 To develop a law to regulate the improve transparency and reliability of transportation and export operations of information about the Forest Fund; timber harvested within the Russian 5. To raise the status of and to promote Federation. This law has to be adopted at state guards who monitor forest use, for- the federal level taking into considera- est protection and reforestation. To tion: involve high professionals and invite them ï Prohibition against exporting to the guarding service. At present the unprocessed roundwood timber from indifferent attitude and low respect to hardwood species; state guards are reflected in low salaries; ï Introducing a set of accompanying absence of decent working conditions, (covering) documents with several lev- absence of means of conveyance and els of protection, eliminating forgery means of communication and almost no and falsification; budget means to perform state manage- ï Introduction of additional monitor- ment and control. Given all these it is ing and control systems over logged hard to retain high quality specialists and timber on the roads, at storage sites, keep them working; and dispatching areas. Both legal pro- 6. To fix the number of staff members tection representatives and customs and the structure of the state forest guard representatives have to be involved; based on the following parameters: ï Reinforcement and strengthening ï work load: area to guard per person; of levels of responsibility for the trans- ï work load: volume to check and portation and sale of illegally harvested control per person; timber; ï the level of infrastructure develop- ï Limiting the number of exporting ment; companies that work with unprocessed ï inter-replacement: not more than 2 timber; persons per region; ï Creation of a single database con- ï the value of forests in a region; taining information confirming the ï the level of crime in a region. 55

Also it is important to guarantee the resources. Based on these, corrective right to get, to wear, and to keep arms; amendments should be introduced for the 7. To strictly control issuing of licenses Annual Allowable Cut (should be done by to forest logging enterprises. The biggest regions and by leskhozes); enterprises have to be prioritized when 11. To adopt regional normative the forest sites are divided between the requirements prohibiting the allocation of parties. The company has to have a histo- forest resources to foreign companies ry of success in the market, of using the that employ foreign workers and do not forest resource in the most sustainable have the capacity to develop facilities for and effective way, of being able to devel- deep processing of timber within the op deep processing of timber, of comply- region; ing with the nature protection legislation 12. To set up special, interdepartmen- and to be actively involved in forest fire tal forest inspections within the govern- suppression. All the above mentioned ments of the Russian Federation to con- requirements have to be reflected in the trol forest use and ensure compliance with legislation of a region; forest legislation which is striving to com- 8. To develop programs of reconstruc- bat illegal logging; tion of the forest industrial sector includ- 13. To safeguard ecological safety, the ing addressing the issue of subsidies to Convention on Environmental Impact forest settlements that do not have future Assessment in the transboundary areas development prospects. There could be sev- (Espoo Convention) should be ratified. eral reasons for this (for example ó lack This Convention was signed by the of or inaccessible forest resources). The Russian Federation in 1991; assistance has to be directed either to 14. To ensure ecologically grounded resettlements or to the creation of new decisions, plans and programs and to positions in alternative branches of indus- implement the rights of the public to par- try; ticipate in the process of decision-making, 9. To develop a system of incentives for the Protocol on the Strategic deep processing of timber (taking into Environmental Assessment that accompa- account existing wood raw materials/ nies the above mentioned Convention stumpage) and for the development of should be ratified. alternative industries in forest settle- The participants of the seminar ments. Good examples of alternative approved major principles designed to livelihoods would be: coastal fishing, assist in the selection of public nature farming, food industry, sustainable use of protection organizations. Also, they non-timber forest products, ecological agreed upon the preliminary list of NGOs tourism, etc. The major aim of these to take part in the ministerial conference activities would be to provide employ- on Forest Law Enforcement and ment, social stability and economic effec- Governance in Europe and Northern tiveness at all levels; Asiaî. However, it was also suggested 10. To adopt federal and regional pro- that selection take into account regional grammes to revise the status of forest and territorial characteristics. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Presentations by participants

The Situation in the Far- connected with cuttings of lime-trees Eastern Forest Sector because the market demand on lime-trees Frolov, F.F. has increased rapidly. The main reason lying behind illegal log- The current reorganization of forest ging is inefficiency of legislation. Today governance bodies gives impetus to the we observe an increase in the scale of ille- increase in the scale of illegal logging. We gal logging as a natural result of the have been talking about that for a long process of changes in the legislation. These time. The Concept of the forest sector changes have been introduced not only in development until 2010 identified the the forest law, but in the social law as need to separate economic activities of well, which leads to deterioration of eco- forest farms from management-related nomic life of the population in the rural activities. The current changes in the leg- areas of Khabarovsky Krai. As a result, islation and recent statements lead to a the local residents have turned to what is conclusion that nobody understands how closer, i.e. forest resources. Today the to do that. Meanwhile, we have practical- legal access to forest resources has become ly arrived right at that point. The Federal rather difficult and only people with large Forestry Agency should conclude separa- assets could gain this access legally, in tion of economic functions from manage- other words the times when it was possible rial ones by the end of this year. Now the to enter the forest industry without any agencies, some officials of which have capital had been gone for good. already visited Moscow while the others All these factors have resulted in the are still in Moscow, describe their vision of reorganization to the officials of the increased scale of illegal logging. The Federal Agency. scale of such cuttings has increased main- The entire volume of all cuttings in the ly in the southern districts ó Bikinsky, territory of Khabarovsky Krai in 2004 Vyazemsky, S. Lazo District, Nanaisky amounted to 9 million cubic meters. At District. The main volume of illegal cut- the same time, the volume of disclosed tings takes place mainly in these districts. illegal logging amounted to 20 thousand I use the term ìillegal loggingî instead of cubic meters. As compared to 2003, the ìillegal cuttingsî because illegal ones are growth rate amounted to 5 thousand cubic somewhat different in nature. These dis- meters. The number of violations has also tricts account for about 55 % of the for- increased. Thus, in 2003 there were 283 est code violations in Khabarovsky Krai. discovered cases, while in 2004 this indi- It should be mentioned that the forest cator amounted to 329 cases. code violations in the territory of these In the northern and central districts of districts occur irregularly. The highest Khabarovsky Krai there are practically no share of these violations is registered in S. cases of illegal logging. Illegal logging there Lazo District and in Khorsky forest farm. amount to about 10 % of the total volume This is caused by the fact that the territo- and of total number of illegal logging. ry of Khorsky forest farm has a good road Changes introduced in the Forest Code network, it is situated near markets and in connection with the adoption of the the forest fund has valuable species of Federal Law No. 199 practically eliminat- timber. Today, illegal logging of conifer- ed the state forest guard from the system ous species are very rare, while cases of of the federal forest service as of January illegal logging of soft-leafed species are 1, 2005, while for the time being in also very few. The main share of the for- Rosprirodnadzor service there is no unit est code violations falls on solid-leafed capable of performing these functions. species and cedar trees. Recently, we have Article 77 of the Forest Code provides for been witnessing an increase in violations 57 the establishment of the state forest ities do not give us unambiguous answers guard under Rosprirodnadzor: however, to this question. Deputy Chief of the two very important concepts have escaped Federal Service M.D. Giryaev has visited this article: safeguarding and protection Khabarovsk recently. He has held a coor- of forest, i.e. the state forest guard with- dination meeting of executive bodies out functions of safeguarding and protec- devoted to the issues of forest fires con- tion of forest. In this case a state forest trol in 2005 and to changes introduced in guard of Russia with the strength of 400 the forest law. Representatives of all exec- men would substitute the army of the utive bodies of the Far-Eastern region state forest guard consisting of more than took part in this meeting. However, there 120 thousand people. Khabarovsky Krai were more questions than answers during would get 15-20 guards. This number is that meeting. obviously insufficient. As for the question of illegal cuttings, Regrettably, changes in the Forest Code we understand that a part of timber pro- have resulted in the exclusion of article duced which is much larger than that pro- 53 on the powers of federal forestry bod- duced as a result of non-legal logging is ies, their regional organs and forest being cut in the territory of central and farms. Due to this fact, even at the level northern districts of Khabarovsky Krai. of surveillance organs such as nature con- Illegal cuttings are those that are made in servation office of the public prosecutor, violation of the forest law in force and District offices of the public prosecutor with deviations from the modern cutting make statements that today forest farmsí technology. Both in Khabarovsky Krai workers have no right to fill in protocols and in other regions the volume of illegal or to consider cases of administrative cuttings is rather large since the forest offences and are not in charge of the for- law in force provides for too many types est fund. This means that in view of cer- of violations. All these violations have tain officials of surveillance organs, naturally been transferred to the nowadays forest resources have become Administrative Code. So instigation of ìownerlessî. We, on our part, make every administrative proceedings against effort to persuade them in the opposite offenders for cuttings executed under the since the administrative law rather clear- issued forest cutting tickets in those ly provides that persons authorized to fill places and using the means indicated in in protocols and consider cases on admin- the tickets but made in violation of the istrative offences are official persons of forest law in force, we come to regard bodies competent in the field of use, safe- such cuttings as illegal ones. guarding and protection of forests. According to assessments conducted by Article 1 of the Administrative Code different experts, who have studied this states briefly and clearly that the admin- problem in Khabarovsky Krai and in the istrative procedure and administrative Far East, the volume of such illegal cut- offences are regulated solely by this Code tings in Khabarovsky Krai reaches 30 to and normative acts of the entities of RF, 35 % of the total volume of logging, while which does not contradict to the in Primorsky Krai it amounts up to 45 to Administrative Code. In this case, the 50 %. Therefore, the problem is very seri- Forest Code, which establishes norms of ous here. the administrative law as well, is invalid. How are we going to solve it? The first In the current transitional period this case thing, which prevents us from solving makes a big problem because it is not clear this problem, is low reliability of informa- what are the powers of the forest service? tion on the state of the forest fund. We For the time being the forest service has have already talked here about state reg- not been reduced in its strength, which is istration of the forest fund. In the first a promising sign. However, it is difficult place, I would like to draw the attention to judge of its future powers. Our author- to the fact that today forest improvement THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

is not at a proper technical level. ging, which have a wider classification of Therefore, it is practically impossible to violations, are more extensive. develop forestry any further and to carry out logging activities using that informa- The Forest reform and the tion base on the state of the forest fund, FLEG Process in Russia which is available in the forest sector. It Karpachevsky, M.L. is necessary to change priorities, to raise I have to acknowledge that the reform the quality of forest improvement in those of the forest law in Russia has become regions where forests are subjected to somewhat. In the nearest future and for intensive exploitation. Today, forest the third time in half a year the forest law improvement activities are carried out could be radically modified once again. systematically in all territories, although The history of previous three changes dur- with different quality. However, it is nec- ing the last half a year is as follows: essary to change this approach. Federal Law No. 122 was elaborated but Currently, pilot sites are being restored did not come into force. Just on the eve of in the course of forest improvement activ- its coming into force it was abolished, ities, were engaged in this process before although it is not yet clear whether all its but were liquidated and substituted by provisions were abolished. As of January monitoring of changes using the means of 1, 2005, Federal Law No. 122 was aerial photography. For that end, equip- replaced by Federal Law No. 199 and a ment has been provided within the frame- new Forest Code has been submitted to the work of a pilot project conducted in State Duma in December 2004. Khabarovsky Krai. This equipment is Forestry and forest industry cannot rather expensive, with one set costing develop normally in the absence of stable about 750 thousand dollars. Three sets principles of forest governance. Never- being purchased total about 2.5 million theless, the stability for the time being is dollars. This purchase is made at the out of the question under the environment expense of acquiring forest fire protection when the fourth main forest law has been equipment for the entire region. However, in fact worked out in a row in the last 15 this problem is being settled down, and years. All these last years the system of some software has been developed which financing and the structure of the forestry has already been installed in the office of underwent drastic changes. the Far East forest improvement enter- Federal Law No. 199 has introduced a prise. In the framework of this pilot proj- number of novelties in forestry. Thus, ect, forest workers would receive more according to this law governance of high-quality taxation instruments. They forests (with the total area of 40.5 million are to get modern JPS for improving qual- ha) has been transferred to the entities of ity of forest improvement works. Howe- federation. Financial means for the gover- ver, we do not expect a considerable nance of rural forests would come from decrease in illegal cuttings in the nearest the federal budget through subventions future due to these measures alone. This (700 million rubles in 2005, i.e. 17 rubles problem is rather complicated and it per ha). If the modern system of evasions would remain so in the years to come. is preserved, that would make only one Nowadays the volume of illegal logging tenth of the required financing. Accor- if compared to illegal ones is rather small. ding to the new law, the regions are Illegal logging as such do not present seri- charged with preparation and organiza- ous threat to the forest fund. Although tion of anti-fire works and direct extin- they concern forests of the highest quali- guishing of forest fires (possible financing ty, their volume is small and therefore ñ 500 million rubles a year or 50 kopecks illegal logging do not threaten the forest per ha of the forest fund). This is three fund. Problems connected with illegal log- times less than it is necessary for an ordi- 59 nary year and 10-20 times less than the ted by regional authorities, the better it sum required for a drought year. The would be. lease term has been prolonged from 49 to The existing version of the new Forest 99 years, but the rights of the tenants are Code has a range of serious shortcomings. not protected. That is why nobody looks In particular, it provides for a possibility into the future. Powers for holding forest to restrict access of citizens to forests tenders (except for rural forests) have that are leased or owned (article 26.3) been transferred to the regional subdivi- under the demand of a forest user or for- sions of the Federal Forestry Agency. est owner on condition of consent of the According to the new law, workers of local self-government body and a possibil- forest farms are no longer workers of the ity to build constructions on the leased forest guard. Nevertheless, the Federal plots of the forest fund (article 23.3). The Forestry Agency has preserved its respon- draft law lacks legal foundations for sibilities to protect forests against fires, involvement of the general public in mak- pests, etc., while the functions of the for- ing the most meaningful decisions in the est guard have been transferred to sphere of forest governance. The Code Rosprirodnadzor. Today, Roslekhoz has at does not provide for documents that its disposal 69 thousand forest rangers, ensure a possibility to distinguish legal and the question is what would they do cutting of forest from non-legal one in now? Meanwhile, Rosprirodnadzor has only case of exercising control over forest use 400 forest guards. There are 10 guards in directly in the forest, since the system of Arkhangelsk and 6 in Moscovskaya Oblast. permitting documents ñ forest-cutting It would be fair enough to ask: how effi- tickets and orders ó has been liquidated. cient the forest guard would be taking into The Forest Code substantially weakens account its small strength? It is possible requirements related to forestry activities that we will succeed in increasing the num- management in protective forests. ber of forest inspectors up to 1.5-2 thou- In the proposed version of the Forest sand guards, i.e. one guard per one admin- Code there are no clear requirements istrative region, but this figure is still too relating to the system of forest gover- insignificant. nance, particularly at the level of admin- Forest farms financing is to be continued istrative districts. The Code does not under the old scheme only until April 1. define the scale on which tenants and What will happen with them after that? owners of the forest fund should carry out Will they acquire rights of main users, or forest development activities. The Forest will they be transformed into joint stock Code does not identify the terms for elab- enterprises and become the largest loggers? oration of new technical regulations The fate of the new Forest Code is full (enforcement of new regulations is impos- of collisions. The Forest Code was made sible until 2007). The new Code separates public in February 2004 and submitted to control and managerial functions, but not the State Duma in December 2004. In managerial and economic ones. Under the January 2005, it was sent for two months long-term lease, the functions forest man- to regional authorities in order to collect agement are to be transferred to tenants their comments. For the time being the of the forest fund, it is stipulated that date of its hearing in the first reading is leasing plots of the forest fund shall be unknown. Within the State Duma, parlia- made possible only through tenders. The mentarians hold very different views on new Code does not clear up the problem of the content of the Code itself, although all forests ownership, since the real mecha- of them agree that it needs further nism of privatization of forest lands improvement. We consider that the more would be elaborated in a draft law ìOn the tough and concrete would be the proposals transfer of lands of the forest fundî on improvement of this document submit- which does not exist yet. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

In our view, today it is more important at different levels to the general public? to prevent introduction of changes that What are the resources of power? would result in the destruction of the A Czech writer, Gabriel Nauf, once existing system of governance than to expressed a peculiar idea which is still propose our own versions of its organiza- true after 50 years that each power origi- tion. Now forest farms are put by the nates from the people and then never state in the environment when they are descends to it. forced to steal forest products. Qualified So, let us first speak of the resources of personnel either have been fired from the power. They include economic resources, forestry system or are eager to leave it i.e. normal functioning of the economy. If any moment. Many specialists consider this resource is not used then power is that governance of forests by means of inefficient. Then come social resources forest farms is far from being an ideal that include the protection of rights and freedoms of human beings and citizens system but there does not seem to be any and provision of a required standard of reasonable alternative. living of the people. If power does not do Statements to the effect that the stock it then it is working inefficiently. of forest resources is three times more Spiritual and informational resources are what is logged imply that instead of devel- usually independent of power. However, oping forestry it is necessary to encourage in any case if power forgets that citizens more loggings. In reality, almost all avail- should develop in a spiritual sense and able forest territories are ìdeforestedî that we have clever and interesting people and it is necessary to make every effort and replaces everything with fist-fights and to provide financing in order to make then no further comments are required. them again economically profitable. Political resources include the provision Supporting the myth of forest resources of security and social and national agree- abundance, forest officials actually ment as well as protection of sovereignty destroy forestry. (in Russia it has always been more or less normal), protection of state borders, keep- Civil Society and Forest Law ing the state secret, etc., at the expense of Enforcement and Governance ordinary people. Teplyakov, V.K. In a modern society, people vested with Civil Society and Law Enforcement and some economic power try to transform it into political one and visa versa. Examples Governance in the Forest Sector repre- are numerous: the oligarchs are striving sents a rather extensive segment of a proj- for power, while people with some sort of ect we are working on and concerns the political authority try to exercise it in the theory and methodology of public involve- economic sphere. Therefore, concentration ment in forest governance. We would like of economic power in the hands of large to address a set of problems related to owners poses a threat of plutocracy, i.e. of power and civil society, social justifica- direct political rule by a handful of tion of public involvement, its forms, the wealthy people and companies. Fortu- concept of the level of public involvement nately, this is yet not the case in Russia, as well as negative and positive sides and although we are very close to it. These the pattern of public involvement. people in modern Russia are called oli- At what level does the general public garchs. really operate and at what level should the As far as division of powers is con- issues of forest policy, legislation, etc. be cerned, there are two opposite concepts of addressed? Are legal issues addressed and is the state. Under the first one the state is there a mechanism for such public involve- viewed as an organized violence (Marx, ment? What is the attitude of the interna- Engels, Lenin), while under the second it tional community, the state and authorities is regarded as an instrument for provid- 61 ing well-being for all (Aristotle). These how the law and a specific deed correlate two concepts are just over 2 thousand with each other. years apart. A modern state is an instru- It is needed to emphasize that the court ment that usually balances different inter- of law is not a repressive body but is ests of different groups of persons and required to protect the law as it stands organizations. In accordance with the rather than to protect certain interests or norms of international law, the purpose of to take certain sides. The court should state authorities is to recognize, protect guard the law. It is an independent struc- and promote human rights and freedoms. ture of the state organizations, which It is on this principle that the division of serves as an arbiter in case of disputes. powers is based. Recently, some conciliation courts have Legislative power is a representative been established and a system of the power, which is based on the constitution- courts of arbitration is developing, which al principles and the rule of law. represents a softer form than the courts Legislative power is formed through dem- of general jurisdiction. ocratic elections. However, the rule of law The fourth power (mass media) is a tool does not mean full power of legislative that powerfully affects peopleís mind, par- bodies and they are not above the law and ticularly in a market society where every- are usually inside the law, which ensues thing has a money value. By the way, from the delegation of legislative authori- money is not the material on which one cans ty given to legislators by the people. build-up for a long time or forever. In any Practically at all times, except in prim- case, mass media that are interested only in itive communal and slavery systems, peo- money are either broken or bought and ple entrust someone with an authority to change their policy, color, etc. However, it speak on their behalf, which means that it is an undisputable fact that mass media is people who have the full state power. affect peopleís minds and attitudes. Legislative power represents just delegat- Finally, let us see what civil society ed authority and therefore all deputies actually is. There are two basic concepts ñ possess delegated powers. the concept of a social institution and the Executive power is of administrative, concept of civil society. Politics, power i.e. by-law nature. An administrator in and the state represent the form shaped by French means a low-profile person, i.e. a vital interests of individuals, groups and person executing somebodyís instructions. organizations. People who in their every- The Government carries out the instruc- day life face any problems unite in non- tions of the people. The issue of whether political institutions in order to address this takes place in every case is question- them. These non-political institutions able. In Russia, the Government does not include church, family or any other unit always act with the interests of the people such as consumer rightsí protection socie- in mind. A characteristic feature of exec- ty, sport, scientific, trade union or other utive power is that it usually conducts its organizations. All these are non-political activities behind closed doors. Well- institutions. In fact, they can all be united known lawyer, Koni said that ìthe author- under one common name ñ civil society. ities cannot request people to respect the Civil society is a set of individuals, inter- law if they do not respect it themselvesî. personal relations and structures. It is Judicial power is a specific branch of implied that they exist without state inter- state power, which actually exercises jus- ference. The state has no right to interfere, tice. Judiciary power should proceed from for instance, in family relations unless it is the principle ìjudge everyone according to requested by any of the spouses and if a the lawî rather than from the saying ìyou family is safe and secure the state is not judge but look aroundî. In order to pre- entitled to interfere in its affairs. vent this, a judge should be guided, first Civil society is centered on an individ- and foremost, by the law and should look ual. The state is built around political and THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

have required means of transportation, the fields of forest governance, forest use radio communication equipment and serv- and trade in timber, there is no such con- ice weapons. However, it is unclear what cept as ìillegal loggingî. will happen to them in the future. Russian legislation uses the term Currently, they are all financed through ìunlawful wood-cuttingî, which appears to forestry farmsí own resources. have been adapted from the related English Recently, an inspection of forestry term. The term ìunlawful wood-cuttingî, farmsí activities has taken place. The according to Decision No. 4 On the Practice Federal Forestry Agency has sent its rep- of Application of Legislation on Liability resentative ñ chief of Forest Use Division for Ecological Offences by the Courts Gagarin Yuri Nikolaevich. He has inspect- adopted by the Plenum of RF Supreme ed five forestry farms and moderately rep- Court on November 5, 1998, covers cut- rimanded Shkotovsky forestry farm. He tings of trees, bushes and lianas conducted has also visited Tchuguevsky and without a forest-cutting permit or a war- Anuchinsky forestry farms, which have rant or cuttings carried out under a forest- made a favorable impression on him. cutting permit or a warrant issued in vio- In 2004 the scale of illegal logging in lation of the existing rules of cutting, as Primorie amounted to 16.3 thousand cubic well as cuttings conducted at a different meters and the damage was close to 672.3 site or outside the boundaries of the site, million rubles. There no data for 2003 cuttings made in excess of the fixed vol- available, but in any case in Primorie the ume, cuttings of non-permitted varieties of level of illegal logging is much higher trees, bushes or lianas instead of those list- than that in Khabarovsky Krai. As far as ed in the cutting permit or warrant, cut- suggested cuttings in the upstream of tings conducted before or after the dead- Bikin River are concerned, they are con- lines set in the cutting permit or warrant, ducted in Verkhneperevalnensky forestry as well as cuttings of trees, bushes and farm with the total cut of 1.5 million lianas prohibited for cutting by the rules cubic meters. Only 208 thousand cubic that regulate trade in forests sold standing meters are used (leased). The rest is a nut in the Russian Federation, adopted by ñcollecting zone and Verkhnebikinsky Decision No. 551 of the Government of the reservation with the total timber reserve Russian Federation of June 1, 1998, or of 700 thousand cubic meters, which has made after passing a decision to suspend, been established for a term of ten years. to limit or to terminate the activities of the Currently the status of 1.3 million cubic forest user or his right to use the site of meters in Verkhneperevalnensky forestry the forest fund.. The cited text demonstrates that even farm is unclear. However, there are an official forest user can act in violation rumors that logging will be performed in of the law. Bikin upstream area and that in order to The most typical examples of such replenish the budget of Russia and ëunlawful cuttingsí include logging activi- Primorsy Krai it is planned to reduce the ties conducted without a project of final area of the reservation. There are also felling or logging at a leased site of the plans to cut about 300 thousand cubic forest fund approved by the public ecolog- meters of timber in Bikin upstream areas. ical expertise. According to paragraph 17 of the Let us negotiate the terms Regulation on the Lease of the Sites of the Bogdan, I.B. Forest Fund adopted by Decision No. 435 In light of Russiaís integration in the of the RF Government of March 24, 1998, international FLEG process, legal accura- ìin case of leasing a site of the forest fund cy of terminology used acquires an utmost of more than 200 ha for logging for a importance. In Russian forest nature con- term of more than 5 years the lessee is servation and other related legislation in required within a year after the signature 63 non-political institutions. In fact, civil are situated in the south of the Far East society is an intermediate link between the and have a larger area of ash, oak and family and the state. The family is the cedar than that in Khabarovsky Krai. As lower unit while the state is the upper one. a result, the picture here is even more Thus, we have come to understand that gloomy than in Khabarovsky Krai despite civil society includes everything that sur- the fact that the Federal Forestry Agency rounds us. I always say that even those owns here the area of 11 million ha and 31 who from 9 a.m. to 6 p.m. are officials forestry farms with the total estimated from 6 p.m. to 9 a.m. are members of civil timber reserves of 8 million cubic meters, society. When an official comes to a store, including leased 6 million ha with timber dry-cleanerís, etc., he does not demon- stock of 6 million cubic meters. In 2004 strate that he is a general or an official. lessees, budgetary organizations and And when he has a suit ruined by the dry- forestry farms logged about 4 million cleanerís or when he is overcharged in a cubic meters of timber. store he directly or indirectly fills the It is typical of Primorsky Krai that the ranks of a consumersí rights protection territories, except for the northern part society. He writes claims and sees the (Samarga, Svetlaya) are being well-devel- same officials as himself who remain deaf oped. Recently, a lessee organization has to his requests or desires. In his turn, that appeared in Samarginsky forestry farm official when he comes out to the street with an annual cutting norm of 566 thou- also becomes member of civil society. So sand cubic meters. This project is still at only when people begin to respect each its development stage and just com- other and respect each otherís human mences. rights we will be able to talk about the In the vicinity of Dalnegorsk existence of civil society in Russia. Krasnoarmeisky, Pozharsky, Kirovsky However, this is too far away. and Kavalerovsky districts are located. I always say: let us all live peacefully Most of them have roads and many of enjoying peace not only in relations among these sites have been leased, while the non-governmental organizations but also lessees themselves maintain the roads net- in relations between NGOs and business work, which is of utmost importance for community as well as business community logging activities. and the state. In any case, even if business In 2004 there was much fuss in community pursues some bad objectives, Khabarovsky Krai in respect of lime cut- which manifests itself in its desire to get ting. Formerly, lime tree was viewed as profit, and if it is impossible to affect it melliferous tree and its cutting was for- bidden. It is mainly cut in the course of directly, it is necessary to appeal to its preparatory activities. Some lessees actu- conscience and to say that by destroying ally did that, but due to forests farmsí the world heritage it violates moral norms control lime trees nowadays are logged and so an alternative should be found. extremely rarely. Probably, it is exactly the task of civil In general, we face practically the same society ñ to prompt business community problems that are seen in Khabarovsky that it can operate in a slightly different Krai. However, we are working and trying way rather than to show that it is bad. to address them. We continue to devote particular attention to three criminal dis- Illegal Logging in Primorsky tricts, where 14 inter-sectoral groups of Krai state oversight are operational. Each Borets, G.P. forestry farm has inspectors who make Our problems are no less acute than raids together with local militia personnel. those witnessed in Khabarovsky Krai. This staff is not engaged in any logging Probably, the situation in Primorie is even activities and their work is focused only on more complicated due to the fact that we protection of forests from offences. They THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

of the transfer instrument to provide the dance with felling plans approved follow- leaser with a final felling organization ing the established procedure. and forestry management project at the In accordance with the legislation in leased site, and in the case of leasing a force, felling projects and plans shall be site for a term of 2 to 5 years ñ with a approved only after they receive a favor- felling plan. able judgment on the part of the public Article 3 of the Federal Law on ecological expertise. Environment Protection provides for Public ecological expertise represents a mandatory organization of public ecologi- legal guarantee that the intended econom- cal expertise of projects and other docu- ic activity meets ecological requirements mentation justifying economic and other established by the RF legislation in the activities, which can adversely affect the field of environment protection, that the environment and pose threat to life, use of the object of expertise is allowed health and property of the population as and that its social and economic implica- one of the basic principles of environment tions are fully taken into account. protection. Public ecological expertise guarantees According to article 12 of the Federal compliance with technological norms of log- Law on Ecological Expertise felling plans ging activities since these can be dangerous and projects have to be subjected to pub- for the environment and always imply a lic ecological expertise. possibility of potential uncontrolled damage The main principles of ecological to the environment. Therefore, public eco- expertise include: logical expertise supports the requirement ï Assumption of a potential ecological of mandatory compliance with formerly danger of any planned economic or other elaborated and adopted rules aimed at risk activity; minimization, potential threat reduction ï Mandatory organization of public and forced restriction of negative ecological ecological expertise pending the decision implications. on the use of the object of ecological The activities of enterprises that con- expertise duct final felling in violation of the According to article 18, paragraph 5, of nature conservation legislation ñ under the Federal Law on the Ecological felling plans or projects that have not Expertise favorable judgment of the pub- received a favorable judgment of public lic ecological organization represents one ecological expertise endanger the natural of mandatory conditions for financing and environment and ecological safety and use of the object of the public ecological violate the constitutional right of citi- expertise. zens to a favorable environment provid- Article 43 of the Rules regulating trade ed for in article 42 of the RF in forests sold standing in the Russian Constitution. Federation, adopted by the Decision of the In addition, article 30 of the Federal Government of the Russian Federation of Law on the Ecological Expertise and arti- June 1, 1998, provides that at sites under cle 8.4 of the RF Code on Administrative a long-term lease allocation of felling Offences include the use of the object of areas should be made only if the lessee has ecological expertise without receiving a felling plans approved in accordance with favorable judgment in the list of ecologi- the established procedure and only in full cal offences that imply administrative lia- observance of these plans. bility. Article 34 of the Rules provides that According to article 34, part 3, of the forest farms allocate and transfer to for- Federal Law on Environment Protection, est users forest sites on the basis of failure to meet the requirements in the requests submitted 2 years in advance of field of environment protection leads to intended felling and prepared in accor- complete termination of the use of sites 65 following a decision by the court and (or) conclusion has led to organization of the court of arbitration. inspections in Suklaysky, Bikinsky, Therefore, the activities conducted in Avansky forest farms and in the Far East advance to the provision of a favorable specialized seed cultivating forest farm and judgment of the public ecological expert- Vyazemsky forest farm college. Besides ise in respect of felling are unlawful. inspections of the activities of the above- mentioned forest farms inspections of tim- On the enforcement of the ber logging organizations were carried out. Forest Law in Khabarovsky These inspections discovered that allotment Krai of plots of forestland and identification of trees for cutting as well as documental reg- Moroz, M.N. istration of the cutting area of forest farms The problem of safeguarding and use of was of poor quality and was conducted in the areas of the forest fund is a very violation of requirements provided in arti- pressing one and includes the increased cles 76 and 77 of the Forest Code. Forest criminality of the forest industry com- farms did not exercise due state control. plex. I would particularly like to highlight Following this inspection relevant official the work carried out in 2004 by and juridical persons were called to admin- Khabarovsk inter-district nature conser- istrative account, representations were vation office of the public prosecutor as a made and a number of disciplinary cases body that exercises control of compliance were instigated against guilty parties. with the forest law in the territory of dis- In 2004, the nature conservation office tricts surveyed. Not all the districts of of the public prosecutor took measures, Khabarovsky Krai fall within our jurisdic- which resulted in calling to administration but only a part of them: under the tive account those forest users who car- terms of powers division, the other part is ried out their activities without projects under jurisdiction of the nature conserva- of tending cuttings and without positive tion office of the public prosecutor of the conclusions of the state ecological expert- Komsomolsk basin. ise in respect of their projects. It was In the process of exercising control of established that the majority of forest compliance with the forest law by the users carried out their activities with con- nature conservation office of the public siderable breaches of the forest law. That prosecutor about 500 different violations is why in 2004 we did not take measures were discovered in 2004. As a result of in respect of all forest users, since they inspections, 73 representations were made were too numerous. In 2005, we will con- to the authorities and officials. Following tinue out activities intended to eliminate their consideration disciplinary cases were these breaches of the law and to ensure, in instigated against 70 officials. According particular, that all forest users should to prosecutorís orders, 53 official and legal have projects of tending cuttings organi- entities were called to administrative zation together with positive conclusions account for different breaches of the law of the state ecological expertise on their connected with the use of plots of the for- projects. Under these measures and orders est fund. They included both the officials 10 officials were called to administrative of forest-cutting organizations and legal account in 2004. We also made represen- entities ó forest-logging organizations. tations to specially authorized bodies in The prosecutorís office inspected the activ- respect of calling to disciplinary account ities of 15 forest farms, 2 PAs and 24 tim- those officials who exercised insufficient ber logging organizations as well as that of control over forest conservation and use 23 self-government bodies. As in the past, of the forest fund. the analysis of the breaches of the law in Besides, in 2004 the nature conserva- the forest complex took place during sani- tion office of the public prosecutor con- tary cuttings and tending cuttings. This ducted inspections of the use of the forest THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

fund in the territory of Nanaisky and (illegal logging of trees and bushes) were Vyazemskiy Districts, particularly of allo- registered there. These are the official cation of forest resources for municipal statistics. Naturally, the actual level of needs under the meaning of article 43 of illegal logging is much higher. In my the Forest Code. These inspections have opinion, latency is present here, and not also helped to discover breaches of the law all offences were registered. That does not in this respect. It appeared that ear- imply that they were not registered inten- marked timber intended to meet the needs tionally ñ it is possible that they are yet of the local population was used for com- to be revealed and would be revealed later mercial purposes. We prepared draft since this sector is subjected to an claims for instigation in the court of arbi- increased level of criminal activity. tration demanding to terminate such con- I think that the main reason of criminal tracts concluded between forest-logging activity intensification lies in the fact organizations and local self-government that timber is exported to China practical- bodies of a municipal entity, particularly ly unimpeded, including valuable species. in Nanaisky District. Draft claims were In my opinion, this is made possible presented to the office of the public pros- because the law does not regulate or ecutor of Khabarovsky Krai, and the pros- restrict exportation of timber in a due ecutor addressed the court of arbitration way. Thus, according to the Customs with a claim to declare these contracts Code, a document needed for customs invalid since they were in violation with legalization could be a license for exporta- the terms of article 43 of the Forest Code. tion of valuable species of trees. Nowdays, In 2005, we are planning to intensify exporters of timber often use such docu- our activities in this area in other dis- ments as forest cutting tickets or commis- tricts and we will try to cover all districts sion contracts. They create so-called ìfalse falling under our jurisdiction, to reveal firmsî in order to export timber obtained similar breaches of the law and to take by non-legal means. The Customs Code in adequate prosecutorís actions. force does not recognize forest cutting In 2004, inspections were also focused on tickets and commission contracts as oblig- the readiness of local self-government bod- atory documents to be submitted to a cus- ies and organizations of different forms of toms body. That limits our capacity as property in the territory of the Nanaisky law-enforcement bodies to prevent breach- District and S. Laso District to the period es of the law. In 2004 the nature conser- of high fire risk. These inspections showed vation office of the public prosecutor that there were many breaches of the law instigated criminal proceedings in respect on fire safety, chiefs of municipal units of exportation of timber across the cus- were not provided with means of fire extin- tomsí border, the whole volume and the guishing, fire detachments were not organ- whole cost of which exceeded 2 thousand ized, mineralized belts were not estab- cubic meters and 11 million rubles. At lished. All these things including dumps that time, I was deputy prosecutor of located in municipal units facilitated fires. Khabarovsky inter-district nature conser- As a result of breaches revealed 13 repre- vation prosecutorís office and was sentations were made and 50 officials were engaged in the investigation of this case. called to disciplinary account. Under this case it was made possible to As a result of general surveillance call to criminal account Talalayev, deputy inspections we instigated 9 criminal pro- director general of ìKhorlestradingî LTD, ceedings on the facts of illegal logging. and Nikiforov, inspector of Vyazemskiy Regrettably, that was a just a small por- plants quarantine post. Together these tion of those illegal logging being under- persons were engaged in smuggling of way and officially registered in timber. According to the decision of Khabarovsky Krai. In 2004, 200 offences Zheleznodorozhny District court they under article 260 of the Criminal Code were called to criminal account. Talalayev 67 and Nikiforov received a suspended sen- gated only two months ago. Moreover, tence of 5.5 years of imprisonment with a only the court can acknowledge the guilt. 5-year period of probation. However, in the case of ìKhorlestradingî Questions may arise: why such offences LTD we revealed that an officer of cus- provided for in article 260 of the Criminal toms legalization service was engaged in Code (illegal logging and smuggling of timber smuggling using false declara- timber) are subject to such soft sanctions. tions. Now her case is in the court, inves- Alas, these sanctions were stipulated by tigation bodies proved the fact of forgery the legislature. In my opinion, they are not of official documents ñ cargo customs adequate for such kind of offences, bear- declarations and several episodes of smug- ing in mind that persons responsible for gling. Currently, I ensure prosecution such crimes and sentenced for them usual- under this case in Zheleznodorozhny ly continue their illegal activities in the District court of Khabarovsk, and the future. Naturally, the court cannot exceed final verdict is yet to be passed. the limits of those sanctions which are Besides, in the case of ìKhorlestradingî provided for in the Criminal Code. Besides, LTD, a fact of negligence was revealed on amnesties take place and I expect that soon inspector of the customs service, although there will be an amnesty declared on the the former article.293 of the Criminal Code eve of the 60th anniversary or the Great (negligence) provided for implications in Victory. As for article 260 of the Criminal the form of considerable violation of rights Code (illegal logging), even such an and legal interests of citizens, the state and authoritative qualification as the one, organizations. This article has been revised which relates to an offence committed by a in the new version. Now it provides for group of persons, a stable and united implications in the form of damage to the organized group, provides for a term of amount of 100 thousand rubles. When imprisonment of up to 3 years. As a rule, goods are transferred across customs bor- if persons are first-time offenders, they der, this is not a damage but rather a cost are sentenced to fines or in the worst case and that is why the guilty person is able to they receive a suspended sentence. I think escape criminal proceedings. that sanctions provided for in the Criminal For the time being I cannot say for sure, Code should be made more severe. but I suppose that in the nearest future a In December 2004, I instigated a crimi- number of criminal cases will be instigat- nal proceeding under article 188.4 of the ed against some managers of commercial Criminal Code (smuggling of timber com- organizations. In the interests of investi- mitted by an organized group of persons). gation, I cannot tell their names or the Such an offence is punishable by impris- title of the organization that exports tim- onment for a term of up to 12 years. The ber. However, the case is very interesting case was very complicated since the law in and requires much effort in order to bring this sphere is inefficient, there are many it to the court. For this case an investigat- problems connected with investigation, ing special team was established consisting collecting proof, but we still did our best. of officials from the Chief Department of Today, nobody has yet been called to the Ministry of Interior for the Far East account, but in the nearest future, some Federal Okrug, customs officers, officers figurants will appear who will be called to from the Khabarovsk transport office of account. All that would be covered by the public prosecutor and investigators mass media because we have very few such from inter-district nature conservation cases. These cases are very difficult to office of the public prosecutor. prove. Only after collecting sufficient In November 2004, I instituted a crimi- proof we start to instigate criminal pro- nal proceeding on the so-called ceedings and to investigate the case. For ìVyazemsky caseî. The case was instigated the time being, I cannot speak of any pros- in respect of official authority abuse by ecuted officials since the case was insti- the officials of the Department of Interior THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

of Vyazemsky District, namely head of case will be brought to the court and criminal militia Zakharchenko, his deputy, guilty officials will be called to justice. head of criminal investigation section This case has again happened in Pomazkov and deputy head of criminal Vyazemsky District, but this is quite nat- investigation section Shelengovsky. We ural, since the lionís share of forest log- made tremendous efforts in cooperation ging in Khabarovsky Krai is carried out in with the body of the Federal Security Vyazemsky, Khabarovsky, Lazovsky and Service in Khabarovsky Krai since it Bikinsky Districts, belonging to a so-called required a lot of time from us in order to ìsouthern groupî. According to available collect documents about criminal activity statistics, about 70 % of all illegal forest of these officials. However, we did manage logging are carried out in these districts. to instigate criminal proceedings. These Of course, the percentage of disclosure persons at first were detained, then arrest- of these types of offences is insignificant. ed and prosecuted. At first they were pros- In 2004 the rate of disclosure of these ecuted under article 285 of the Criminal offences throughout Khabarovsky Krai Code, and then this case was returned for amounted to only 17.7 % and this per- further investigation to the department of centage is too small. For example, in S. the office of the prosecutor general in Lazo District where the biggest number of Khabarovsky Krai where it is being inves- these types of offences was registered ñ tigated further. These persons who were in 72, only two criminal cases were brought charge of preventing and stopping crime to the court according to available statis- in the last 3 to 4 years knew those who tics. At the beginning of 2005, I held a were engaged in illegal logging in coordination meeting of law-enforcement Vyazemsky District, although instead of and specially authorized bodies attended stopping this illegal activity they rather by the heads of interior affairs bodies of encouraged this illegal activity. Besides, the so-called ìsouthern groupî and of nine they started to build up forces and means supervised districts as well as representa- for this activity, they closed eyes on the tives of the forest agency. At that meet- fact that cars with non-legally cut timber ing we summed up the results of our unimpedely achieved places of destination activities in 2004, they were sad and we and, naturally they received their compen- were far from being satisfied with them. sation. This case is also very complicated. It was decided to hold such meetings every It is not yet brought to the court. A strong quarter in order to sum up and to discuss investigation team was set up which problems encountered. For instance, includes investigators for particularly everybody knows the persons engaged in important cases from the Khabarovsk illegal logging, but their activity is not office of the public prosecutor. stopped, guilty persons are not called to General supervisory inspection of the account and are not punished. If that sit- execution of the forest law discovered a uation continues we will be forced to fact of undue fulfillment of duties by the report to the officials of higher executive employees of the Vyazemsky forest farm bodies ñ the Khabarovsk Department of college. There is an organization which Interior that it is necessary to bring pres- carried out forest-logging activity without sure upon the territorial bodies of internal a forest-cutting ticket. A worker of the affairs. Otherwise, our work will be con- forest farm did not stop that activity but sidered very inefficient due to low disclo- even allowed it to continue although he sure of crimes. knew that a forest-cutting ticket which is In 2004, a criminal procedure was also permission for forest logging and removal instigated in respect of several facts of of timber had never been issued to that illegal logging in Vyazemsky District organization. Now this case is under inves- made by the same persons. Three persons tigation in the office of the public prosecu- were convicted under article 260 of the tor. I think that in the nearest future the Criminal Code for carrying out illegal log- 69 ging by an organized group of persons. sion of a lease of the areas of the forest fund Total damage caused to the forest fund by a forest-logger. Formerly, these func- amounted to more than 29 million rubles. tions rested with forestry bodies, particular- On behalf of the state, I brought an ly with the Forestry Agency. Now, these indictment under article 44 of the functions are vested in Rosprirodnadzor. It Criminal Proceedings Code in order to is desirable that these bodies use their pow- recover damages caused by criminal ers in respect of those forest-loggers who actions of these persons. Now the case is break the forest law and commit systematic in the court and is pending investigation. violations. According to the legislation in You all know that Federal Law No 199 force, in case of breaches of the forest law, has introduced considerable changes con- such body is entitled to restrict or suspend cerning the activity of specially authorized the use of forest plots. In case of systemat- bodies, particularly the Forestry Agency. ic violations (three and more times) an This is very important since the bulk of authorized body is entitled to stop this crimes were discovered by the workers of activity. Regrettably, I have to say that the forest farms after they were authorized to body, which is authorized with these pow- exercise control of the use and protection ers, does not use them very often. I think of the lands of the forest fund. that if this year we discover violations of Regrettably, now forest farms have been the forest law, it would be possible to make stripped of these powers. These powers representations to Rosprirodnadzor bodies have been transferred to Rosprirodnadzor demanding them to settle the matter of ces- which has at its disposal just 5 persons to sation, suspending or restricting the use of exercise such functions. For comparison, forest plots in order to stop abuses on the in forest farms these functions are execut- part of forest loggers. The latter exceed the ed by more than 2 thousand persons. I borders of forest plots, which have been think that some changes would be made in fixed for them, and commit other consider- the staff strength of Rosprirodnadzor. able violations. I think that we should take Otherwise, they would not be able to exer- efficient measures in respect of such offend- cise control. This work is very important ers in order to avoid future violations. In as far as documents preparation, crimes my view if the Forest Code has authorized investigation and their reporting to internal affairs bodies is concerned, and this is Rosprirodnadzor with such powers, the lat- why this challenge has emerged. In fact, ter should use them to the full extent. now workers of forest farms have no As for the term ìillegal loggingî there rights even to fill in protocols on the is the ruling of the plenum of the breaches of the administrative law, since Supreme Court No. 14 ìOn Ecological they have been stripped of supervisory Offencesî, which contains its interpreta- functions. Now, Rosprirodnadzor has tion. The interpretation of illegal logging received these powers. Naturally, the as just of poaching is a very narrow one. office of the public prosecutor as a super- Illegal logging includes such cases when visory body is not satisfied with the fact activity of a forest logger has been sus- that forest farms have been striped of pended or stopped but he continues to these powers, since it is not clear how carry out this activity, i.e. the forest log- Rosprirodnadzor would execute at such ger has been stripped of the right to carry small strength of its personnel. out forest logging in the established man- I hope that the situation will change to ner but he continues to do that. Other the better, it should be changed, and oth- examples of illegal logging are cuttings in erwise everything would be worse than it the wrong quarter or at a wrong plot, was before. other than are fixed in his forest-cutting I would like to draw your attention to ticket, exceeding the fixed quantity of changes introduced in the Forest Code in logged timber. All these cases are quali- respect of cessation, restriction and suspen- fied as illegal logging if such facts are THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

revealed and registered, but that here this is connected with the problem of citi- comes a matter of proof. zenís security. Although the criminal pro- If a forest logger is entitled to perform ceedings law includes a provision that per- selective cuttings while he carries out sonal data of citizens interrogated as wit- clear cuttings, it is regarded as a violation nesses or victims should be kept confiden- of forest use entitlement, and the guilty tial. This year a law on witnesses and vic- person will be called to an administrative timsí protection was adopted, although account. citizens remain skeptic about it since they In order to raise FLEGís efficiency it is do not view it as a helpful mechanism necessary to establish very close and tight because the law is still at the stage of its interaction between the general public, realization. However, we still have man- law-enforcement bodies, including the aged to instigate some criminal cases of office of the public prosecutor, and mass such a kind. media. In fact, mass media is a very effec- I call upon all the participants to report tive instrument. Information of the popu- more enthusiastically to internal affairs lation about the facts of illegal logging and bodies and the office of the public prose- instigation of legal proceedings against cutor about facts of the forest law viola- convicted persons even notwithstanding tions. suspended sentences are good preventive In order to make amendments to the measures against crime that affect peopleís federal law it is necessary to come up to conscience. As a rule, some persons who legislative bodies with a legislative initia- came to commit such crimes due to hard- tive. It is ironic that nature conservation ships begin to hesitate. Obviously, the pub- office of the public prosecutor does not lic ought to render assistance to the law- have such a power. We can submit our enforcement bodies. Many people know, see proposals to the Khabarovsk office of the and hear who, when and where carry out public prosecutor, and if the latter consid- illegal logging. If citizens report to inter- ers our arguments convincing it will nal affairs bodies or the office of the pub- address the office of the prosecutor gener- lic prosecutor information on the facts of al and the latter in its turn will address illegal logging known to them and more on the Government or legislative bodies. persons who commit such cuttings, that Information about forest resources would be an extremely positive develop- should be transparent. If you have applied ment. First, that would help to reveal so- with inquiries to forest farms and they called latent crimes and lead to instigation have refused to present information, I of criminal proceedings and conviction and advise you to address our office of the sentencing of guilty persons. public prosecutor. If your request for such In accordance with existing instruc- information is legal, we will consider your tions, all anonymous reports by citizens request and give our legal conclusion on should be directed to territorial bodies of legality or illegality of such a refusal. If internal affairs. In their turn, special the refusal to present information was units of criminal investigation and a divi- illegal, we will take relevant measures in sion on economic crimes should check up order to eliminate and prevent such facts. arguments of the anonymous reporter in Absence of a project on tending cuttings the course of their investigation activity means a breach of the forest law require- and in case of their confirmation to pre- ments, i.e. an administrative violation. We pare a report to the effect that Illegal log- call to account forest users who do not ging at some plot has been discovered. have projects for tending cuttings or a This very report will serve as a reason for conclusion of the state ecological expert- inspection and instigation of criminal pro- ise. I believe that in this case there is no ceedings. such corpus delicti as illegal logging. It is Recently the number of anonymous a violation of the forest law requirements communications has increased. Evidently, if a forest user has a project for cuttings 71 but does not have a positive conclusion of ï China (64% of the total volume), the state ecological expertise (regulated by ï Japan (27%), and chapter 8 of the RF Administrative Viola- ï Korea (9%). tions Code, articles 8.4 and 8.25 ñ depend- Timber exports from Russia to China in ing on an individual case). the year 2002 constituted 15 mln.m3. As for differentiation of illegal logging Major exporting regions at the Pacific between the criminal and administrative Asian market are Khabarovsky Krai codes, first, article 260 of the RF Criminal (33.2% by the total value), Irkutskaya Code directly provides that if illegal log- Oblast (24.6%), Primorsky Krai (13.8%), ging is carried out there should be damage Amurskaya Oblast (7.8%), Krasnoyarsky present. Damage caused to forests of the Krai (6.4%), Chitinskaya Oblast (3.9%), first category under the law amounts to 10 and Buriatia (3.5%). 000 rubles, which implies that all cases Timber demand is growing in China and amounting to less than 10 000 rubles fall this can be explained by several reasons: under the category of administrative viola- ï Natural Forests Conservation tions, while all those amounting to more Program (NECP) launched in 1998; than 10 000 rubles are qualified as illegal ï drastic decrease of forest harvesting logging (part 1 of article 260 of the RF volumes in China from 32 mln.m3 in 1997 Criminal Code). All other qualifying indi- to 23 mln.m3 in 2003; cations are regulated by other parts of ï increase of timber exports; article 260 of the RF Criminal Code, i.e. ï development of a network of special- differentiation is drawn according to the ly protected areas in North-East China level of a damage caused. and internal Mongolia: Forest fires represent just another ï 47 specially protected areas were headache. They form a separate corpus established since 2001 (3.649.238 ha in delicti provided for in article 261 of the total); RF Criminal Code. There are very few ï 29 new specially protected areas cases of criminal proceedings instigation are scheduled to be established by the under this article. Only once in 2003 did I year 2010 (1.550.000 ha); bring to justice one person and that is all. ï 4 new specially protected areas These crimes are committed under unobvi- were planned to create during the peri- ous conditions. How can we establish a od 2004 ñ 2005 (754.370 ha). person who has purposefully or because of Meanwhile, since 2001 the system of carelessness or negligence caused a fire at specially protected areas in the Far East is a forest plot? It is a very complicated mat- not developing any further and timber ter. Only if corpus delicti is obvious we export prices are steadily decreasing. can bring an offender to justice, if not ñ According to the data from the year we have to collect proof using evidences 2003, 6.006 thousand m3 of timber was given by witnesses. This is why the situa- harvested in Khabarovsky Krai and tion with this corpus delicti is even worse almost 153 thousand m3 was received than that of illegal logging. from other regions. About 791 thous.m3 was utilized in sawmilling, 21 thous.m3 Current Trends of Timber was used in the field of building and con- Exports from the Far East struction, 35 thous.m3 was transported to Including Exports of Illegally other regions, and 7.186 thous.m3 was Harvested Timber exported abroad. Unaccounted timber con- Smirnov, D.J. stituted 1.874 thous.m3. According to the data from the year The following data on timber exports of 2002 major consumers of the Russian tim- valuable tree species from the Far East ber in the Asian Pacific region are: (from the year 2003) comes as following: THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Evreis Evreisky Region/ Primor Khabar ky Primor Khabar Total Autono Total Tree sky ovsky Auton sky ovsky Volume mous Volume Specie Krai Krai omous Krai Krai Okrug Okrug Timber (unprocessed) Sawntimber Pinus sibirica, 81566 44191 380 126137 537 537 (koraensis)

294160 60741 Oak 160911 130363 2886 46589 12357 1795 (306691) (60818)

310835 Linden 16806 282870 11159 1878 508 1183 3569 (310855) 342238 Ash tree 130249 208966 3023 34770 9025 1981 45776 (354045)

Elm 72794 18451 349 91594 6097 69 113 6279

Nut 1993 3711 5704 711 454 25 1190

The structure of coniferous and ï preservation of the protected forests broadleaved forests that are currently and of the forests that are prohibited for under exploitation in the Far East can be final felling (specially protected areas, I represented as following: III group forests group forests); ñ 31%; II group forests ñ 8 % and I ï cooperation with timber consumers group forests ñ 8%. in North-East Asia to set up ecologically As for the forests that are out of com- sensible markets; mercial exploitation: ï introducing a model of interdepart- ï sanitary zones ñ 1%; mental groups (EAO, ìSableî); ï protected zones ñ 6%; ï supporting private agencies of guard fish breeding protective zones ñ 6%; and security (Primorsky Krai, ìKedrî); ï I group non commercial forests ï active support of certification where final felling is permitted ñ 5%; schemes and the development of regional ï II group non commercial forests standards. (excluding cedar forests, Pinus sibirica) ñ 3%; Local Communities and the ï cedar forests, Pinus sibirica ( II FLEG Process group and III group forests) ñ 23%; Shmatkov, N.M. ï III group non commercial forests The ministerial process aimed at law (excluding cedar forests, Pinus sibirica) ñ enforcement in the forest sector will not 9%. succeed until its influence affects the As for the Primorsky Krai by groups: local level. Putting things in order in the group I commercial forests ñ 8% and non- forest law will obviously benefit the entire commercial forests ñ 18%; group II, forest sector and the local people who respectively, 5% and 4%, and group III ñ reside in the forest areas both in short- 41% and 24%. term and in the long run. Nevertheless, in The following priorities have been set to a short-term period, any reforms are con- combat illegal logging: nected with risks and it is necessary to 73 work out a strategy for their manage- earning in the short-term overweighs the ment. In its turn, the activities of the long-term prospects and long-term utility. local communities in forest areas present Collection and use of non-timber forest considerable risks for forest ecosystems products, on the one hand, imposes a seri- and the FLEG process is aimed at decreas- ous threat to forest ecosystems while, on ing these risks. the other, it helps to overcome such a seri- The role of forest in the life of local com- ous social threat as poverty by organiza- munities is enormous. There are well tion of NTFP use based on economic and known global roles of forests such as main- ecological sustainability. Besides that, taining the air composition balance and NTFPs are an important element of the moderation of the global climate change, traditional nature use. prevention of soil erosion and shallowing of According to the research carried out by rivers and the habitatsí role for thousands the IUCN on Kamchatka within the of living organisms. No less important are UNDP/GEF project, about 95% of fami- local functions of the forest. For rural res- lies living in rural areas use NTFPs for idents forest is the main source of building their own needs. Only 20% gather NTFPs materials, fuel, berries, mushrooms and for sale, although the species composition other non-timber forest products. People of resources used both for sale and own go to the forest to hunt and fish; while in needs is very limited. Thus, on many regions forest has become one of the Kamchatka, less than 10 species out of main touristsí attractions. several hundreds of promising resources Many of these benefits of the forest are are actively used. Risks connected with the target of activity of local communi- the use of NTFPs are rather diverse and ties, which create threats for forest include fires caused by smoking in the ecosystems. Illegal logging represents one forest, violation of rules of fire safety of these threats. Mostly, local communi- during halts. In addition, the presence of ties log forest illegally to produce building collectors in the forest disturbs animals, materials and fuel for their own needs. In un-controlled collection causes reduction many cases, this activity is connected not of the abundance and number of species as only with low living standards, but, on well as degradation of natural habitats for the one hand, with complexity of bureau- a number of species including rare ones. cratic procedures connected with provi- In general, an un-controlled NTFP har- sion of timber and, on the other, with vesting poses a big risk to biological insufficient development of trade of tim- diversity. ber on the local markets. A rather serious Activity of the local communities in the damage is caused by a non-legal ìsmall forest is the main cause of fires. Thus, businessî when local people earn their liv- according to data collected by the FOREST ing by logging timber illegally and project, 80% of forest fires in the Russian reselling such timber to larger legal log- Far East were caused by people and 60% ging companies. Control over illegal log- ñ by imprudent use of fire. The reasons ging by local communities is complicated lying behind the high scale of this threat due to inefficiency of the system of raids, are connected with insufficient anti-fire which existed until recently when forest protection of forests and insufficient rangers ought to counteract their friends, financing, poor use of the potential of neighbors and relatives from the same education, non-regulated access to the for- communities where forest rangers are liv- est during fire risk periods, use of dam- ing. The new system of protection will be aged means of transportation (all-terrain even less efficient. The fight against ille- vehicles) and so on. gal logging and many other threats to for- Law-enforcement in the forest sector, est ecosystems on the part of local commu- particularly at the local level, can give rise nities is complicated by a wide dissemina- to a range of problems. The majority of tion of harmful stereotypes when a small population experiences a well-justified THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

fear of the reforms and it is difficult to FLEG process. Against this background of change quickly the stereotypes of a being particular importance are efforts made by ìa pioneerî, ìan exploiter of natureî, etc. the authorities not only to prevent non- Limitation of access to a ìfreeî resource legal activities of the local communities in will be inevitably viewed as an unpopular the forests but, to a more significant measure. Strengthening of control of the extent, to prevent violations on the part forest use can lead to a loss of real (though of forest loggers, tenants and forest man- non-legal) sources of income of rather agement units. The scale of illegal logging numerous groups of the population. made by the latter or under their permis- In order to ensure success of the initia- sion quite often exceeds the volumes of tives aimed at law-enforcement in the for- unauthorized cuttings conducted by the est sector it is necessary to clarify the local communities. terms and concepts of illegal cuttings and illegally logged timber used by the stake- Activity of ìDauriaî Center holders. Strengthening of control of the forest resources use should not necessari- Bolgova, I.G. Our organization has been in operation ly take the form of increasing the number of rangers and experts but undergo seri- since 1996 and, naturally, in nine years ous quality changes. Changes in the law we have developed approaches to foster and the order of its enforcement should be our work in a certain direction. carefully elaborated with due account to The mission of the organization is to its possible consequences for the small facilitate the development of peopleís ini- business community and the local popula- tiatives and involvement of civil organization, and they should not lead to deterio- tions in the process of socio-economic eco- ration of the real economic situation in logically balanced development of the the forest areas. The programs on develop- region. ing the alternative livelihoods including The organization is of an infrastructure small business development based on sus- type and due to that it affects the situa- tainable NTFP use should be realized hand tion in the society in general, i.e. it influ- in hand with considerable advancement of ences changes in systemic relations the process of tightening control of the between ìpower ñ business ñ civil organi- use of forest resources. At the same time, zationsî. This is our basic approach. particular attention should be paid to the Besides that, it is important to recognize reduction of risks connected with the use and to demonstrate interrelation between of forest resources based on using the sus- nature use and social rights and guaran- tainable practices of logging and produc- tees of citizens. Formation of an alterna- tion of goods with high value-added. tive social stand contributes to the devel- The IUCN-CIDA project ìBuilding opment of an equal dialog between the Partnerships for Forest Conservation and power and business circles in order to Management in Russiaî demonstrated an minimize ecological and social risks. urgent need of the Russian and interna- Strategic directions include dissemination tional markets in goods produced by the of socially and ecologically meaningful regions as well as the possibility of organ- information, formation of a favorable izing harvesting and NTFP processing regional legislative framework, public business based on the principles of ecolog- control of nature use, promotion of devel- ical and economic sustainability. opment of a network of protected areas. Responsiveness of public opinion and We have implemented a project on coop- active involvement of the population in eration with the population in establish- forest governance will contribute to the ing Krasnochikansky national park. We reduction of social tension and will pro- have conducted a public campaign direct- mote a more efficient implementing of ini- ed at drawing attention of the society to tiatives within the framework of the the necessity of preserving these areas. 75

Besides that, we have carried out market- and other nature users in these areas were ing research in order to study the attitude necessary. of the population to the idea this national There was another case when people had park development. I would like to say that self-organized and used mass media and this issue gas received different responses public hearings to express their protest from the population. We expected that the against a project on construction of a population was eager to establish the staging base for uranium concentrate park, but it appeared that we were wrong. transportation. First, there is a negative experience of the Besides that our organization renders existing Burkalsky reserve, which to a assistance to citizens in preparing applica- certain extent is a patrimony of the tions to nature conservation office of the authorities, while common people have no public prosecutor on the issues of unau- access to it. Naturally, the population is thorized dumps and illegal logging. We discontented. Second, people ought to organize conferences, public campaigns have a reasonable alternative. Supposedly, and fairs for the protection of citizensí we will establish this national park but rights. These technologies are rather effi- what shall we do next? There should be a cient. For the last two years we have program of social and economic develop- organized fairs with involvement of not ment of this part of the area taking into only non-commercial organizations, but of account the future park. This program small and medium businesses as well both should indicate alternative forms of eco- as sponsors and partners. In the framework of fairs talks and discussions are nomic activity and ways of investments held on the most pressing social and use including those enabling people to live nature conservation issues. It is also and work in the national park. Such a pol- important that that the authorities have icy is carried out by our organization. replicated these technologies, for Some other efficient instruments for instance, nowadays the committee on pub- working with the population include public relations of Chitinskaya Oblast region- lic relations, technologies of social part- al administration organizes and holds nership and realization of joint interna- fairs. tional and inter-regional projects. Another area of our activity includes If five or ten years ago it was difficult training on social design and development even to talk about realization of ecological of local resources for socially meaningful rights, i.e. we were a social organization projectsí implementation, using, for which tried to address ecological problems example, regional and municipal grants. of Chitinskaya Oblast on its own, while The chief of ìDauriaî is a member of the citizens were not actively involved in expert council of the regional budget eco- these activities. Today citizens have begun logical fund. We have launched an initia- to protect their interests actively enough, tive of competitive allocation of the to take part in public hearings, to exercise resources of the fund using the proce- public control of actions of the power and dures adopted by the Siberian Center for business circles. We can refer to a project Public Initiatives Support. Education of on construction of a cellulose plant in young leaders, development of a network Amazar village in Chitinskaya Oblast as of public activity and voluntary move- an example of such active involvement. ment of the youth, informational and con- Public hearings were held and the popula- sulting support of non-commercial organ- tion expressed different views, though it izationsñ all these approaches contribute seemed that the project promised all kinds to the creation of the infrastructure of of goods such as jobs, etc. Nevertheless, civil movement in the region. the majority of the population stated that Another important component of our further improvements of the project and activity is our information policy includ- additional agreements with the population ing web-site maintenance, cooperation THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

with mass media, public PR actions and tion problems are similar. I would like to our own newspaper ìFragile Forestî which emphasize the following immediate tasks, is a supplement to the official newspaper which could be possibly included in recom- of the regional administration. Its big cir- mendations of this seminar: culation (14 thousand copies) and a system ï Coordination activity of all struc- of distribution provide wide coverage tures which are in one way or another throughout the region. The newspaper cov- engaged in the nature use control. This ers acute ecological and social problems, represents an eternal problem including ecological and social rights of citizens and discrepancies between the federal and cases of violations in the sphere of nature regional laws, lack of will to cooperate on use. When such cases are disclosed in a the part of the state authorities. However, newspaper and become a focus of public it is always possible to find points of reaction, the authorities cannot leave such interaction; a case without attention. The newspaper is ï Dismantling of stations for timber a strong instrument of influence. reception, since only forest users should We organize annual campaigns and export timber; actions that help to intensify work with ï We need regional strategic programs citizens, using such means as social adver- which would make it possible to allocate a tising, movies and video clips focused on part of resources the forest industrial nature conservation topics. Thus, public complex development, in other words campaigns include a certain educational state support of large forest industrial component. One important quality achievement of enterprises, long-term lease, concession our organization is involvement of public and responsibility for the area used. We leaders as experts in target programs and need a complex program especially in con- projects in the field of nature use. nection with reforms when local budgets Proposals made by scientific and ecologi- have to address all their problems on their cal experts on minimization of ecological own; and social risks were included in the final ï Income generation rather than package of public hearings on the cellulose obtaining the maximum volume of logging plant. Participation of the organization in should be viewed as the main economic the work of inter-agency commissions, the task of forest use; consultative council on ecological and eco- ï Ecological and economic evaluation nomic safety, the expert council of the of resources and capacity building of regional ecological service and the expert regional development aimed at finding group on social and ecological safety of new factors of social and economic the pipeline mains system. All these inter- growth. The raw materials base is not agency commissions and committees inexhaustible, resources will sooner or review draft laws and plans of action, later be depleted and it is necessary to which are designed to secure the regionís think of what to develop in the future; interests as well as social and ecological ï Legislative provision of regional rights of citizens. interests, taking into account social and Another important aspect is joint plan- ecological risks of nature use projects ning of measures and their incorporation implementation using, for example mort- into the regional budget. In 2005, final gage funds; meeting was held under the leadership of ï Elaboration and realization of long- the Governor, which accepted our propos- term programs on sustainable develop- al on the elaboration of a regional target ment. For example, a regional plan of program on public initiatives development actions for preserving biological and land- for 2006-2008. scape diversity at the territory of Amur Each region has its own peculiar fea- basin in the administrative borders of tures, but their general nature conserva- Chitinskaya Oblast. This plan incorporates 77 the development of an SPNA network, challenges for every person and the entire evaluation of social and ecological risks, state. At the seminar, we paid much alternative methods of management, leg- attention to illegal logging and illegal cut- islative provision of stable nature use and tings. ecological education; However, I believe that today this prob- ï Development of international cooper- lem is not the most pressing one for ation in the field of the forest market reg- Khabarovsky Krai since even 22 % of ille- ulation; gal cuttings (there are different data and ï Facilitating organization of a system precise information is unavailable) do not of life-long ecological and legal education play such a big role in causing damage to in the system of secondary and higher the environment, preserving animal world education, professional education within and forest resources. That is a matter of the system of staff training and retrain- law-enforcement in the field of forest gov- ing; ernance. I believe that both for ï Establishment of a system of render- Khabarovsky Krai and for Russia in gen- ing support to non-commercial organiza- eral, the most acute issue is to preserve tions and social initiatives; forest resources and the biosphere from ï Making an order for carrying out fires. Today, this is the most pressing public ecological expertise and application challenge. Through fires no less forest is of its results; destroyed that through cuttings. This is a ï Development of socially responsible global challenge, and I think that is the mass media. There is very little analytic most acute and the most pressing one for information in mass media. It mainly cov- all. It is especially annoying that the ers news and information is sometimes Government has withdrawn itself and has distorted; put responsibility for it on othersí shoul- ï Systematic cooperation with business ders. Being the owner of forests, lands circles based on the principle of social and the forest fund it wants to solve the responsibility assignment. I cannot assert problems using othersí hands. That is that work in this field was successful. It bound to have terrible consequences. has just started. For the time being, it is The second issue concerns the use of raw too early to maintain that there are some resources, not only forest resources, but responsible business circles in Zabaikalye their side products, i.e. all raw resources or even that we fully understand what the of the forest. For both Khabarovsky Krai term ìresponsible businessî means. We and the Far East the main goal is to ensure are going to carry out research on this processing development and capacity building. It is awkward that the problem. However, when we cooperated Government has withdrawn itself from with business enterprises at fairs it was addressing these problems relying on the clear that there was hope that this under- following principle: if you need it, attract standing would come in time. investments and solve these problems yourself. This is a wrong approach and the Problems of the Forest Industry role of the state in this matter should be in Khabarovsky Krai more meaningful and appreciable. There Pilipenko, V.V. should be a specific policy. Today we are I believe that this seminar is undoubt- lacking a detailed forest policy. This is edly useful since it helps to clarify our why I would rather put the question of vision of the situation with illegal log- illegal cuttings at the background since ging. As far as the activities of public today with forest loggings conducted on organizations in the field of ecological such extensive areas and with such huge problems are concerned, their role has wastes a considerable part of forest substantially increased. Today, ecological resources is left, thrown or lost all over problems should become one of the main the Far East. This creates a fire prone sit- THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

uation. This is why the issue of rational served. Everybody including public organi- use of forests should stand at the forefront zations should do something in this field. I in the activities of all stakeholders ñ not would like to agree with the NCO position only the Government, but public organiza- that all questions are raised correctly. tions and all others concerned as well. In conclusion, observing the outcome of The third issue relates to the forest law activities of our Government in all fields and its observance. There are many such beyond the scope of the forest reform and issues where there is room for improve- the Forest Code, I would like to say, ment, but regulation and observance of although maybe it is my biased opinion, the forest law is almost negligible. that the role of public organizations is Whatever laws we adopt, good or bad, if increasing tenfold in order to help people we do not observe and implement them show the Government the right direction. and if we do not persecute the offenders, From this point of view, the present sem- we will achieve nothing at all. This is why inar is very useful. If the state cannot this issue be the third in our list. protect us, we ought somehow to stand for Today the state wants to get rid of the our rights ourselves. system of governance and control of forest resources. It wants to collect taxes and does not want to do anything else. This The State and Analysis of the will not yield any positive results. What Reasons of Illegal Logging can do 10 to 12 inspectors in such an Activities extensive territory (Khabarovsky Krai is Prorok, I.M. three to four times larger than the terri- Modification of the Forest Code as a tory of France)? They would need a year result of recent amendments, which were in order to reach their territories. adopted and entered into force on January Besides, it is necessary to find honest peo- 1, 2005, relieved forestry farms and the ple to exercise control. Forestry Agency that had been engaged in However, illegal logging can be placed forest protection since the times of Peter on the fifth place in our list. It is possible the First of the public forest protection to stop illegal logging immediately. It is function. Forest ranger has always necessary to introduce clear definitions watched the compliance of the law in the into the legal system and to work accord- forest. Of late, this system has been dis- ing them ó that is all. Everybody knows mantled and no new structure has been perfectly well who commit illegal logging. established. We live through an interme- As far as Bikin River problem is con- diate lawless period. Since the topic of the cerned, I should sat that I have been work- workshop concerns illegal cuttings, we ing in the forest industry for 40 years and can provide data on those cuttings in know the Far East within the limits of Khabarovsky Krai from 2001 to 2004, i.e. Khabarovsky Krai, Primorsky Krai, Sakhalin, Amurskaya Oblast and for the period when we still had Forest Kamchatka. I know Bikin as the only Administration and Chief Administration remaining unique corner of Sikhote-Alin of Natural Resources in Khabarovsky with its virgin taiga. If we let to do some- Krai. We can assess how many illegal cut- thing with Bikin then people would never tings were authorized by forestry farms in see virgin taiga in its original state. The Khabarovsky Krai and to evaluate the volume of timber planned to be logged resulting damage. there is a drop in the sea for the Far East. In 2001 the Forest Administration in This will have an adverse effect not only on Khabarovsky Krai and forestry farms people who live there. Many people do not revealed 284 cases of illegal logging with understand that it is a unique world treas- the total damage of 47 051 thousand ure, that it is the last remnant of Sikhote- rubles while damages paid amounted to Alin in the Far East. It should be pre- just 314 thousand rubles under 81 claims. 79

In 2002 298 cases of illegal logging on imported timber. Our raw materials were identified with the total damage of cost little, and in China its price increas- 159 885 thousand rubles. In 2002 a Chief es manifold and therefore the Chinese are Administration of Natural Resources in lobbying low prices on exported timber. Khabarovsky Krai was established and the At the state level it is necessary to pass system of control became more or less effi- relevant laws regulating trade in logged cient. timber and the rules of its export outside In 2003 296 cases were revealed with Russia. They should include provisions, the total damage of illegally cut timber envisages low fees on processed timber to amounting to 189 646 thousand rubles. make logging companies interested in In 2004 329 cases of illegal cuttings exportation of final products instead of were revealed with the total damage round timber take out. Meanwhile, there amounting to 380 969 thousand rubles. are no such laws. If this situation contin- Just look at the scale of damages caused ues, nobody will engage in timber process- by illegal logging. You should bear in ing. It will continue to rot in the forest mind that these are only those cases that and only first class timber will be taken have been revealed, fixed and prosecuted out. If a relevant legislation is passed at under criminal law. the federal level then the situation can Since 2005, new amendments to the change drastically. Forest Code have been adopted. The former system of the state forest protection has practically ceased to exist while a new Activity on the FOREST Project one has not yet been established. Moscow Zabubenin, E.V. has just recently sent an order to establish The project entitled ìForest Resources a system of state forest protection and and Technologiesî (FOREST) (2000-2005), these functions have been entrusted to the which is financed by the US Agency for State Connittee on Nature Oversight. International Development is realized by a It is unclear why it was necessary to consortium of companies headed by destroy the old system just to revive it Winrock International with participation later. Probably it was done to establish a of Cemonics International and the Heron smaller forest protection service, which Group. The main task of the project is to formerly had two thousand employees, preserve forests of Siberia and the Far since nowadays an obvious aim is to con- East as the most important ecological and duct much more logging with a less degree economic resource and to mainstream the of control. At the state level, there is a projectís results in the activities of public pronounced tendency toward a lower level and commercial organizations at the of state control of illegal cuttings. No national level. measures have been taken at the state Involving governmental structures, level to increase wood processing rates in non-governmental associations, private the regions in order to prevent its export enterprises and public organizations the in a ìround formî in such big volumes. project contributes to principles of non- That means that no legal acts have been exhaustible forest use, democratization of passed within the framework of customs society and expansion of market relations legislation which allows continuing these in the following fields: activities, which is beneficial for logging companies who quickly log and take tim- ï Prevention of forest fires ñ decreas- ber out. Currently, logging companies are ing the number of fires caused by human not interested in developing their wood activity through informational and educa- processing capacities since the legislation tional campaigns organization; in force is constructed in such a way that ï Management of forest pests popula- allows exportation of round timber. tions by means of introduction of new Moreover, China constantly reduces prices monitoring technologies; THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

ï Non-wood forest products and deep American specialists have drafted new processing of timber aimed at optimiza- specialized maps of forest protection, a tion of the activity of associations and handbook on the methods of pest monitor- enterprises of the forest and timber pro- ing and forest diseases and conducted for- cessing complex, introduction of advanced est pathology research activities in the technologies and incorporation of the area of Sakhalin, Krasnoyarsky Krai, principles of stable non-exhaustible forest Khabarovsky Krai and Primorie. use in their practical activity; Within the framework of the activities ï Biomass energy aimed at introduc- timber and non-wood forest products pro- tion of technologies of efficient utilization cessing component businessmen have of timber wastes. undergone training in the USA (some 12 In order to reach its targets the ìFOR- exhibitions and educational tours have ESTî project in partnership with Russian been organized), negotiated contracts organizations and partners renders assis- totaling 7 million dollars, purchased tance in carrying out practical trainings equipment worth of 3.7 million dollar, and conducting market research provides created 250 new jobs, commissioned 14 consulting and expert support, gives new processing lines, produced 84 types of grants, etc. The ìFORESTî project is products and established 4 sectoral associ- operational in the territory of Khaba- ations. The project has facilitated the rovsky Krai, Sakhalin Krai, Primorie, development of forest enterprises, testing Krasnoyarsky Krai and Irkutskaya Oblast. of the market methods, and introduction The ìFORESTî project covers a complex of new technologies and expansion of of interacting factors, which influence the trade markets. The project has substan- environment, such as development of the tially contributed to the elaboration and civil society and local self-governance, pol- adoption of the regulation by the icy, democracy, human health and so on. Governor of Khabarovsky Krai entitled The activity of the projectís component ìOn the adoption of rules of the forest concerning fires prevention is connected fund use for carrying out certain types of with institutionalization of a comprehen- by-side forest use and procurement of sec- sive system of promotional, educational, ondary forest resources for obtaining nat- informational and advertising activities ural vegetation products in the territory aimed at decreasing the number of fires of Khabarovsky Kraiî, No. 129, issued on caused by human activity. In the frame- May 14, 2004. The ìFORESTî project is work of this component a manual for for- also actively involved in the elaboration of est specialist on public relations activities such documents as ìThe concept and gen- and a fire prevention program for chil- eral directions of development of the for- dren 10-14 years old have been elaborated, est sector of Krasnoyarsky Krai in 2004- information centers have been established, 2005î, ìOn the development of collecting seminars have been held and educational and processing of non-wood forest prod- activities, experience-sharing and distri- ucts in Krasnoyarsky Krai in 2004-2010î bution of information materials have been as well as the Law of Krasnoyarsky Krai organized. on collecting, processing and exporting of The system of forest pests monitoring non-wood forest products. aimed at preservation of the forest fund The component on the use of biomass from damage caused by entomological energy contributed to utilization of tim- fauna pest populations tracing covers pest ber wastes, development of power engi- mass outbreaks prevention and introduc- neering at enterprises and drying of tim- tion of technologies for pheromone pest ber, provision of remote villages with monitoring; moreover a system of moni- heating and electric power. We can be toring of Siberian silkworm populations proud that the projectís target to generate has been established. Russian and power capacity for biomass of 50 mWt has 81 been already exceeded by more than one meters, Khabarovsky Krai ñ 19.831 thou- and a half time. sand cubic meters and the Sakha Republic Voluntary and grant component of the (Yakutiya) ñ 9.267 thousand cubic projectís activities includes about 150 sci- meters. entific research and production associa- In 2004, the value of suits for damages tions and enterprises, Fifty nine volun- for the revealed illegal logging amounted teers from the USA and 112 Russian vol- to 475430.7 thousand rubles, while dam- unteers take part in this activity. Grants ages recovered amounted to 1309.1 thou- have been provided to 21 companies to sand rubles, which is equal to 0,002 % of totaling nearly 500 thousand US dollars. the total value of damage caused. The ìFORESTî project carries helps to Officials and physical persons have been reinforce the Russian forest sector. The more often called to account for revealed projectís goals are in many respects simi- illegal logging. In 2001, the total sum of lar to the targets of the ministerial FLEG administrative fines amounted to 92.6 process. thousand rubles, in 2004 ó to 1428.5 thousand rubles, while recovered fines in On the Illegal Logging in the 2001 totaled 48.0 thousand rubles (or 52 Far-Easter Region in 2001-2004 %) and in 2004 ó 576.3 thousand rubles (or 40 %). Kazakova, R.I. In the Far East the number of disclosed illegal logging in 2004 amounted to 1192, Activities of Regional Public i.e. as compared to 2001 (1045) the net Organizations (IMEB Example) increase amounts to 14 %. for Addressing Issues on Forest In 2004 the largest number of viola- Use in Tomskaya Oblast tions was discovered in Amurskaya Oblast Aushev, S.V. ñ 238 (Svobodnensky and Shimanovsky ìIMEBî is engaged in ecological train- forest farms), Primorsky Krai ó 351 ing and communication with population, (Dalnerechensky, Kirovsky, Krasno- ecological education and public ecological armeisky, Chuguyevsky, Pozharsky control. The forestry problem is also Districts), Khabarovsky Krai ñ 329 included in the list of its projects and (Khorsky, Avnsky, Khabarovsky, Bikin- fields of activity. All these fields inter- sky, Komsomolsky, Prigranichny, Inno- relate and comprise one big objective ñ to kentievsky, Gursky forest farms), the lobbying public interests and approaching Jewish Autonomous Okrug -122, the and bringing into life the ideals of civil Sakha Republic (Yakutiya) ñ 124 (Aldan- society. sky, Indigirsky, Neryungrinsky, Olek- Our forest program consists of several minsky, Tommotsky, Ust-Maisky). The blocs; some of which are underway. smallest number was revealed in Sakha- Currently, we are implementing a linskaya Oblast ñ 45 (Smirnykhovsky, Canadian project which is entitled ìTo Gastellovsky, Yuzhno-Sakhalinsky, Korsa- protect taiga forest ñ the Siberian pearl!î. kovsky forest farms) and Kamchatskaya The main goal under the project is to col- Oblast ñ 36. lect and analyze information on the prob- In 2001, the volume of non-legally lems of the forest sector of our region, to logged timber was 44.091 thousand cubic obtain conclusions and recommendations meters, which amounted to 77 % of the for solving problems and to present these level of 2004 (57.258 thousands cubic conclusions to decision-makers. We collect meters). information in several ways. We have held The largest quantity of non-legally a round-table with participation of official logged timber falls on Amurskaya Oblast representatives, public and business cir- ñ 12.477 thousand cubic meters, cles as well as academic community. The Primorsky Krai ñ 13.37 thousand cubic round-table has been focused on the prob- THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

lems of a particular reserve. There is no would be eager to conduct our inspection. reserve in Tomskaya Oblast in spite of the Recently, we have visited the territory of fact that there are blocks of rather rare the designated reserve where we have dis- species of coniferous forests. As one rep- covered a lot of violations. There, in the resentative of the Siberian Department of buffer zone cutting activities have been the Russian Academy of Sciences put it at carried out without a positive conclusion the round-table, these relict forests are given by the state ecological expertise. practically the last ones left in the The most interesting thing is that the ter- Eurasian continent. The round-table has ritory had been leased in 2001 but the also discussed the problems of specially project on tending-cuttings and forestry protected national areas in Russia in gen- management at that leased plot was devel- eral. It has been stated that we are wit- oped as late as last fall and it has not yet nessing systematic destruction of the sys- received a positive conclusion of the state tem of specially protected national areas. ecological expertise. Besides the above- The particular reasons of this destruction mentioned forms of ecological control, we have been also discussed. could refer to representation of interests After the round-table, we have held a of the local population in the court of law. session of a marketing club. It represents However, our organization has not yet one of the methods to collect information had such an experience due to unavailabil- from the business community. On March ity of required professionals. 21-22, we intend to hold a scientific and In Tomskaya Oblast the problem of ille- practical conference, intended to collect gal logging is not so acute as in the Far information from representatives of the East and Primorie. According to official academic community and public at large. reports, a few years ago cuttings in the After the conference, we are going to hold province amounted to 4.5-5 % of the parliamentary hearings, meetings with entire volume of the estimated forest cut- deputies where we could find out their ting. Now, this number has increased to opinion on these problems and to get their about 6.6 %. (The Report on the State of support for implementation of recommen- Environment in Tomskaya Oblast in dations in order to improve the situation. 2003). According to data provided by the In the process of the projectís realization we regularly hold working sessions with Department for Business and Real Sector representatives of the state authorities, Development, in 2003 there were only 41- including the Federal Forestry Agency, 42 big forest users. Now their number has the Department of Natural Resources and decreased, since many forest users have Environment Protection of Tomskaya been liquidated and disappeared. Oblast and the Main Regional Department The main challenge for the regional ìOblcomprirodaî. At the same time we administration and forest farms is to exercise public ecological control which is attract, possibly, educated and responsible one of the priorities of our organization. investors to forest business. Our We recognize this activity as protection of foresters, specialists working in the citizenís rights to favorable environment forestry sector have an old breeding and through various activities such as provi- they are well-educated specialists. They sion of consulting services for the popula- have nowhere to go, their only place of tion on cooperation with the state author- work is a forest farm and they remain ities, exercising public ecological control there. They contribute to expelling all in the form of joint raids with representa- sorts of irresponsible forest users from tives of state inspection bodies and con- the territories under their jurisdiction. ducting public ecological expertise. Our Besides, this fact affects the number of main objective is to launch such raids and forest users. But, on the other hand, those to focus the attention of the state inspec- forest users who remain carry out logging tion bodies on those places where we in a more responsible and educated way. 83

Two years ago, we were faced with con- nadzor where foresters should send all stant negligence by forest users of their inspection acts and where they later would duties to present projects of tending-cut- be turned into protocols and fines. tings and forestry management to the In my opinion, the main problem in the state ecological expertise. Even now, this field of specially protected natural areas fact is a usual state of affairs for is poor organization of the process of Irkutskaya Oblast ñ cuttings without a research of territories and justification positive conclusion of the state ecological for the establishment of nature conserva- expertise. Moreover, forestry workers tion sites, reserves, reservations and themselves believe that the above-men- national natural parks. When we trace the tioned projects do not need this expertise. history of our reserve from the very With the help of the office of the public beginning, we saw that in fact the idea of prosecutor, we have managed to convince establishing a reserve in Tomskaya Oblast forestry specialists and now all the proj- turned out to be a heap of ambitions with ects have been subjected to obligatory minimum research. There was a woman expertise. Besides, finally we had a very sent from the affiliate of the Novosibirsk interesting talk with a deputy head of a Forest Institute, who visited the place forestry agency who told us that it was in1984, carried out some work, then very easy and cheap to make this expert- defended a thesis and after that nobody ise and that they were wrong quarreling never came here and did not carry out any with us. Now there is another problem ñ research. An actual impetus to the estab- the one of low quality of expertise and its lishment of the reserve was given by a let- formal character. ter sent from the Forest Institute, and As for violations in the regional forest further this matter was used by some peo- sector, I can list a range of characteristic ple to promote their political careers, violations such as deviation from a tech- including our Governor, who stated that nological map, leaving brush wood, lack of he would set up the first reserve in permitting documents and agreements for Tomskaya Oblast. After coming to office workers accommodations (camps, settle- of a new head of administration, being a ments), non-compliance with cutting tech- very educated specialist who used to work nology, environmental law violations in a timber processing enterprise and was (leaving oiled rags, pollution of plots by an active nature conservation advocate mineral oil), lack of conclusion of the within ecological councils established on state ecological expertise, etc. In some the wave of democratic enthusiasm in cases, cutters are simply unable to observe 1995, certain changes did take place. He all norms owing to some objective reasons: correctly maintains that in spite of all for example, on the one hand, it does not clamor around the planned reserve and pay to take out brush wood and fuel wood the existence of a customer, nobody has to the nearest settlements because of eco- ever studied the territory. That is why we nomic unprofitability, and, on the other, have decided to focus on research activi- they do not have time to liquidate it at the ties. In summer, we are going to launch a spot in a fire-dangerous season. Besides, program of international scientific tou- when a conclusion of the state ecological rism. We will invite a group of Cambridge expertise is lacking, loggers face big prob- students to the reserve in order to study lems: as a result of our last raid the activ- its territory, since from the moment of ity of such an enterprise was suspended by establishment of the reservation 21 years a prosecutorís order. And now forest ago no research has been ever conducted. rangers are interested neither in inspec- There is no network of specially protect- tions, nor in control. As one chief forest ed natural areas in Tomskaya Oblast, ranger from a forest farm put it they do which results from its poor justification. not want other people to report on their All our specially protected natural areas work, for instance, through Rosprirod- were established either with the aim of THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

improving statistics or for satisfying big problem are cuttings of Mongolian oak somebodyís ambitions. Meanwhile, there which make a forage reserve for hoofed is no well-founded plan for the develop- animals, especially for wild boar, both in ment of this network of specially protect- Khabarovsky and Primorsky Krai. We ed natural areas. Such a network has could unambiguously forecast that in never existed but it is worth developing. some five years oak will disappear due to Thus, lack of any sound research implies cuttings and forest fires. Some time ago, that information on all these specially cedar was cut out completely, now oak can protected natural areas has become out- be cut out and the number of wild boar dated and obsolete. will decrease in spite of all measures We held a public ecological expertise taken. Wild boar will simply have nothing once and it seemed that the authorities to eat. looked at it, possibly took it into account I support this seminar and the impor- but made decision on their own. In our tance of problems being put forward, opinion, such an activity was not effective although I would like to emphasize that in in terms of lobbying public interests but the course of administrative reforms at was useful for obtaining information. the governmental level serious problems However, we have our own traditional emerge both in the forest sector and in the ways of receiving information, and we sphere of hunting farms. It is necessary to find common language with the majority establish law and order in these branches of main holders of information. This is as well as in the system of their manage- why we do not need to use public ecologi- ment. In this situation the voice of public cal expertise to obtain the information against illegal logging is very important. required. If we are silent then they would disforest We think that scientific tourism would everything. contribute to sustainable forest use. For It is necessary to underline the problem example, when local administration and of interrelations between hunters and ten- people see Cambridge students arriving ants of the forest fund. Recently the situ- they will look with other eyes at their own ation has extremely aggravated, there is a forests and think: ìLook! Cambridge stu- flood of complaints and there have even dents came here, so there is something in been attempts of physical reprisals, espe- our forests!î. May be it will contribute to cially, in the southern regions of the improvement of the situation and the Khabarovsky Krai. The main problem is local authorities will appreciate the fact the absence in Khabarovsky Krai of model that they have forests, unique natural regulations on handing over plots of the forest fund for hunting purposes. landscapes as an individual value, but not Contracts on hunting are not negotiated a block of rooted logs. with forest farms, i.e. the territory is Our organization joins the NCO stand reckoned as unsettled and it could be concerning the FLEG process with the leased on a tender basis. Tenants begin to only remark that our region has its own cut down trees and we face problems of peculiar features that change a little a lack of coordination among users, while general vision of problems of the forest quite often leads to a situation in which sector. the interests of hunters suffer. The thing is that the subjects of lease are resources Illegal logging and Biodiversity of hunting animals within the boundaries Preservation in Khabarovsky of a certain territory but not the territory Krai itself, although such types of forest use as Balagansky, N.M. the use of the forest fund for needs of Illegal logging and export of timber are hunting farms has been envisaged. serious international problems. For our This question was raised as early as in region the most important aspect of this 1992 when forestry governance bodies 85 proposed to lease the territory of the for- hunting use should be agreed with land-, est fund to hunting users and to fix a cer- water-, forest- and other forms of use. tain rent for the entire area. When this Regrettably, such a coordination proce- question was discussed, we pointed out dure does not exist. that we needed the forest fund precisely Unfortunately, public influence on deci- for needs of hunting farm. As a result, we sion- making in this sphere is very limit- did not manage to reconcile positions, ed. The only public representative in the while the forest code of Khabarovsky Krai Commission on Forest Use under the gov- says that this type of forest use shall be ernment of Khabarovsky Krai is the pres- regulated by a separate instrument. That ident of the Association of the Indigenous document has not been worked out yet. On the basis of the law ìOn Wildlifeî hunters Small Peoples of the North and that is all. can use the resources of game animals The same situation is seen in the instead of land, territory or hunting Commission on Hunting. At the same grounds. We grant them a license, but time, the problems of non-compliance with there is still one ìbutîÖ In the process of the law and insufficient involvement of negotiation of a contract with the govern- the population in decision-making are ment of Khabarovsky Krai, the terms of very acute in Khabarovsky Krai. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

List of participants

Alena Alexeeva, Expert, Forest Leonid Kondrashov, Deputy Head, Programme, Far East Ddivision of WWF- Khabarovsk Professional Training Russia, Vladivostok Institute in the Field of Ecology and Use of Nature, Sosnovka village, Sergei Aushev, Deputy Chairman of the Khabarovsky District, Khabarovsky Krai Board, Head of Forest Segment, Tomsk Regional Public Organization ìInstitute Viktor Kuznetsov, Executive Director, on International Ecological Safetyî, KMNS Association of Irkutskaya Oblast, Tomsk ìPulic Controlî project officer, ´Baikal Ecological Waveª, Irkutsk Nikolai Balagansky, Head, Khabarovsky Krai Game Animals Protection, Control Alexander Kulikov, Lawyer, Public and Regulation Administration, Organization ìSakhalin Ecological Khabarovsk Watchî, Yuzhno-Sakhalinsk Ludmila Bezrukova, First Category Irina Levashkina, Trainee of the Specialist, Main Administration of the Environmental Law Clinic, ìEcodalî, Russian Nature Oversight Service for the Khabarovsk Far East Federal Okrug, Khabarovsk Margarita Makarova, Forest Conservation Irina Bogdan, Chair of the Board, Far Programme Coordinator, Coordination East Interregional Ecological Public Committee on Bikin Virgin Forests Organization ìEcodalî, Khabarovsk Protection, Khabarovsk Gennady Borets, Chief Specialist of the Olga Miachina, Trainee of the Forest Use Division, Federal Forestry Environmental Law Clinic, ìEcodalî, Agency for Primorsky Krai, Vladivostok Khabarovsk Irina Bolgova, Deputy Director, Tchita Alexander Mikhailin, Leading Specialist Regional Public Institution ìDauria of Forestry and Land Use Oversight Public Ecological Centerî, Tchita Division, Main Administration of the Russian Nature Oversight Service Fedor Frolov, Head, Forests Protection (Rosprirodnadzor) for Khabarovsky Krai, and Pest Control Division, Federal Khabarovsk Forestry Agency for Khabarovsky Krai, Khabarovsk Maxim Moroz, First Class Lawyer, Nature Conservation Public Prosecutor, Natalia Gelevskaya, Leading Specialist of Khabarovsk Interregional Nature Forest Protection and Pest Control Conservation Public Prosecutors Office, Division, Federal Forestry Agency for Khabarovsk Khabarovsky Krai, Khabarovsk Eyichiro Noguchi, Director of Russian Rimma Kazakova, First Category Taiga Program, ´Friends of the Earth ó Specialist, Main Administration of the Japanª, Japan Russian Nature Oversight Service (Rosprirodnadzor) for the Far East Alexander Panichev, Deputy Director, Federal Okrug, Khabarovsk ìSikhote-Alinî Foundation, Vladivostok Mikhail Karpachevsky, Forest Yelena Passar, Coordinator, Khabarovsk Programme Coordinator, Biodiversity District Division, Khabarovsky Krai Conservation Center, Moscow Indigenous Peoples Association, Nekrasovka village, Khabarovsky Igor Khoroshilov, Correspondent of District, Khabarovsky Krai ´Forest Newspaperª, Khabarovsk 87

Valery Pilipenko, Director-General, Ludmila Tchurikova, Chair of the Board, Khabarovsky Krai Forest Users and Interregional Public Organization ìTaiga Forest Products Exportersí Union, Guardî, Komsomolsk-na-Amure Khabarovsk Vladimir Shvets, Leading Researcher, Julia Popova, Legal Advisor, ìEcodalî, Far East Division of VNIIOZ, Khabarovsk Khabarovsk Igor Prorok, Leading Specialist, Division Yuri Shmakov, Editor, Journal ìNative of Forestry and Land Use Oversight, Priamurieî, Head of Kabarovsky Press- Main Administration of the Russian club ìForest Journalistsî, Khabarovsk Nature Oversight Service for Khabarovsky Krai, Khabarovsk Nikolai Shmatkov, Coordinator, Forest Conservation Programme, IUCN ñ World Yuri Roiba, Vice-President, ZAO Conservation Union Office for Russia ìTerneilesstroiî, Plastun village, and the CIS, Moscow Terneisky District, Primorsky Krai Viktor Teplyakov, Coordinator, IUCN Viktor Saikov, Chairman of Khabarovsky Global Temperate and Boreal Forest Krai Council, Khabarovsky Krai Division Programme, Moscow of the Russian Ecological ìGreenî Party, Khabarovsk Dmitry Vaulin, Chairman of the Board, National Collective Farm Community, Irina Sbitneva, Senior Public Inspector, Vanino village, Khabarovsky Krai Fishery Division, FGU ´Amurrybvodª, Khabarovsk Anna Vedernikova, Leading Specialist of Legal Division, Federal Forestry Agency Denis Smirnov, Forest Program Officer, for Khabarovsky Krai, Khabarovsk Far East Division of WWF Russia, Vladivostok Nina Vecher, Chair, Public Ecological Organization ìZov Arshanaî, Arshan vil- Oleg Soldatenkov, Deputy Director, lage, Tunkinsky District, Republic of ´Bask-Infoª Ltd., Khabarovsk Buriatia Galina Stetskaya, Chairman of the Board, Alexander Yermoshkin, Coordinator, Non-Profit Partnership ìEcopatrolî, Interregional Public Organization ìTaiga Vladivostok Guardî, Komsomolsk-na-Amure Vera Surkina, Head, Public Discussions Evgeny Zabubenin, Coordinator of Wood- Bureau, ìEcodalî, Khabarovsk processing and Biomass Use Components, Artur Tchernovol, Forest Use Expert, Winrock International Office in BROK Public Organization, Vladivostok Khabarovsk, Khabarovsk THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

88 Europe and North Asia Forest Law Enforcement and Governance (ENA-FLEG) Ministerial Process. International Steering Committee Meeting (Moscow, February 21-22, 2005)

The meeting was held in Moscow at the ther steps at a national level. Then, N.B. Ministry of Natural Resources of the Bantsekin and B.M. Bolíshakov have pre- Russian Federation. sented the concept prepared by MNR of It was for the first time when represen- the Russian Federation. tatives of civil society and business were On the round table devoted to the role invited to the meeting of International of private sector and civil society in the Steering Committee. Russian NGOs have FLEG process, invited speakers made presented their position on process FLEG their presentations: D.D. Chujko (Ilim and criteria of self-selection, and for the Pulp), I.E. Artemíev (Consulting service first time this document from NGOs was under foreign investments), E.A. Shvarts included in minutes of the meeting. (WWF-Russia), V.V. Moshkalo (IUCN) At first session K. Canby has presented and Lars Laestadius (GWF/WRI). the general information: about concept During the second and the subsequent FLEG, about preparation of Declarations sessions, representatives of ISC delega- and action plans, preparatory conferences tions worked within the framework of the and other actions, and also about the fur- agenda adopted. 89

List of participants

ISC MEMBER DELEGATIONS Hunting, Ministry of Agriculture of the Mr. BATALOV, Dimitar, ENA FLEG Republic of Kazakhstan, Kazakhstan Focal Point, General Secretary, Bulgarian National Forestry Board Mr. WOJCIK, Tomasz, ENA FLEG Focal Point, Deputy General Director of the Ministry of Agriculture and Forestry, State Forests, General Directorate of the Bulgaria State Forests, Ministry of the Environment, Poland Mr. IVANOV, Martin Chief Expert, Bulgarian National Forestry Board, Mr. BORKOWSKI, Piotr, Expert, Ministry of Agriculture and Forestry, Department of Forestry, Ministry of the Bulgaria Environment, Poland Ms. GAUTHIER, Sylvie Madeleine, Mr. BANTSEKIN, Nikita Borisovich, Alternate ENA FLEG Focal Point, Senior ENA FLEG Focal Point, Director, Policy Adviser, International Affairs Department of International Cooperation, Branch, Canadian Forest Service, Natural RF Ministry of Natural Resources, Resources Canada, Canada Russia Mr. BAZILL, John, ENA FLEG Focal Mr. ROSCHUPKIN, Valery Pavlovich, Point, Forest Policy Specialist, Head, Federal Forestry Agency of Directorate-General Environment Russia, Russia European Commission, European Mr. BOLSHAKOV, Boris Mikhailovich, Commission Deputy Head, Federal Forestry Agency of Russia, Russia Mr. LAHTI, Taneli, Russia Desk Officer, Directorate-General External Relations, Mr. ULUKANLIGIL, Ahmet, ENA FLEG European Commission Focal Point, Asst. General Director for Forest, General Directorate of Forestry, Mr. PORTIN, Anders, ENA FLEG Focal Ministry of Agriculture, Turkey Point, Counsellor of Forestry, Ministry of Agriculture and Forestry, Finland Mr. SORENSON, Robert A., Alternate USA ENA FLEG Focal Point, Deputy Mr. KIVELƒ, Hannu, Counsellor on Director, Office of Ecology and Forestry Affairs, Embassy of Finland in Terrestrial Conservation, Bureau of Moscow, Finland Oceans and International, Environmental Ms. KONS, Judith, Alternate ENA FLEG and Scientific Affairs, U.S. Department Focal Point, Embassy of the Federal of State, USA Republic of Germany, Germany Mr. SULLIVAN, Michael, Deputy to the Mr. MORITA, Kazuyuki, ENA FLEG Counselor, Office of Environment, Focal Point, Director, Wood Products Science and Technology U.S. Embassy in Trade Office, Forestry Agency of Japan, Moscow, USA Ministry for Agriculture, Forestry and Mr. KAZAKOV, Yury, Adviser, Office of Fishery, Japan Regional Development, U.S. Agency for Mr. NAGATOMO, Kenji, Councellor, International Development, USA Embassy of Japan in Moscow, Japan Mr. HUDSON, John, ENA FLEG Focal Mr. KOVAL, Igor Alexandrovich, ENA Point, Senior Forestry Adviser, FLEG Focal Point, First Deputy Department of International Chairman, Committee for Forestry and Development, UK THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Ms. EVANS, Elizabeth, Second Secretary, Mr. KOROLEV, Igor Alexandrovich, Desk Officer Natural Resources& Head of Division, Department of Environmental Governance Team, International Cooperation, Ministry of Foreign and Commonwealth Office, UK Natural Resources of Russia Mr. DIETERLE, Gerhard, ENA FLEG Mr. KOTLOBAY, Anatoly Alexeevich, Focal Point, Forest Advisor, Agriculture Forest Program Coordinator, WWF- and Rural Development Russia World Bank, World Bank Mr. KUZMICHEV, Evgeny Pavlovich, Ms. CANBY, Kerstin, Consultant, World Deputy Project Director, FOREST Project Bank (USAID) Ms. SMETANINA, Marina, Forest Policy Mr. LAESTADIUS, Lars, Global Forest Dialogue Coordinator, World Bank Watch, World Resources Institute Moscow Office, World Bank Mr. MOSHKALO, Vladimir Vladimirovich, Director, IUCN-CIS INVITED SPEAKERS AND OBSERVERS Mr. MURAVIEV, Nikita Mikhailovich, Division Chief, Federal Forestry Agency Mr. AKSENOV, Dmitry Evgenievich, of Russia Forest Program Coordinator, International Socio-Ecological Union Mr. SHVARTS, Evgeny Arkadievich, Mr. ARTEMIEV, Igor Evgenievich, Conservation Director, WWF-Russia Senior Private Sector Development Mr. TEPLYAKOV, Viktor Specialist, Foreign Investment Advisory Konstantinovich, Coordinator, IUCN Service, World Bank Global Temperate and Boreal Forest Mr. CHUIKO, Dmitry Dmitrievich, Programme Director for Forest Industrial Business Mr. UTKIN, Evgeny Fedorovich, First Development, Ilim Pulp Enterprise Secretary, Department of International Mr. FILIPCHUK, Andrey Nikolaevich, Organizations, Ministry for Foreign Director, International Center for Affairs of Russia Forests, VNIILM Ms. VINOKUROVA, Natalia Andreevna, Mr. ISAYEV, Alexander Sergeevich, Head, International Department, Moscow Director, International Forest Institute State Forest University 91 Brief summary of the Meeting ìOn the Preparation to the Ministerial Conference ENA FLEG in Russiaî (Moscow, March 14, 2005)

The meeting was dedicated to the chal- representatives will be invited to attend lenge of involving public organizations in the conference; the process of improving law enforcement ï In 2006 Russia will host a meeting of and governance in the forest sector of the Group 8 which will also focus on the Europe and North Asia (ENA FLEG). One FLEG problems. of the main objectives of the meeting was Presentations by non-governmental an exchange of opinions between represen- organizations illustrated a general vision tatives of the civil society and governmen- of the process (V.K. Teplyakov), results of tal bodies, in particular, in consideration the meeting in St. Petersburg (A.S. of the results of the civil society hearings Karpov) and in Khabarovsk (I.B. Bogdan) and seminar on the FLEG process held in as well as the dual character of the St. Petersburg and Khabarovsk. process (A.Y. Yaroshenko): on the one The Deputy Heads of the Federal hand, the improvement of law-enforce- Forestry Agency, V.V. Nefedíev and B.M. ment and forest governance and forestry Bolíshakov, underlined the importance of activities and, on the other, the protract- cooperation between the public and gov- ed reform of forest governance with ernmental bodies in the field of control- unknown and non-transparent objectives. ling negative phenomena in the forest sec- In particular, new provisions of the forest tor. The representative of the Federal law are leading to destruction of the exist- Forestry Agency, N.M. Muraviev, ing system of state forest guards, which informed participants of the outcomes of has existed for a long time, and are creating threats to the system of specially pro- the meeting of the International Steering tected forest areas and resulting in per- Committee for ENA FLEG held on sonnel wastage. February 21-22, 2005 in Moscow. In par- A.A. Kotlobay informed the partici- ticular, he pointed out that: pants of a planned meeting of non-govern- ï For the first time non-governmental mental organizations and the business organizations and business representa- community which is to take place in tives were invited to the first meeting of Moscow on March 23, 2005. The meeting the International Steering Committee; will be dedicated to the elaboration of pro- ï On February 22 a confirmation was posals concerning illegal logging, moni- received from the authorities of the toring of timber flows etc., and will Chinese forest department concerning inform representatives of the Russian for- their interest in the ENA FLEG process est business community of the ENA FLEG and in the ministerial conference which is process. to be held in November 2005 in St. M.I. Smetanina informed the meeting of Petersburg; the World Bank experience in the Asian ï A preparatory ENA FLEG conference and African FLEG processes implementa- is to be held on June 8-10, 2005 in tion. V.P. Zakharov informed the partici- Moscow. Confirmations were received pants of communications under the from half of invitees from 53 countries. process. In particular, in the course of Furthermore, about 15 non-governmental discussion of the latter issue proposals organizations and 10 business community were made to establish as soon as possible THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

relevant pages on the web-sites of the civil society and forest business communi- Ministry of Natural Resources and the ty, but with a more extensive participa- Federal Forestry Agency dedicated to the tion of the federal ministries and agen- ENA FLEG process, since the Ministerial cies, responsible for problems of economic Conference is the most important event on development, customs, taxes, transport, their calendar. There is a clear deficit of supervision, including prosecutorsí super- official information both on the ENA vision and so on. FLEG process and on improvement of the In conclusion, it was proposed to speed forest law and measures taken in respect up the activities of the expert council of illegal logging. established by the order of the Ministry of In this regard proposals were again Natural Resources issued late in 2004 in voiced concerning joint preparation of the the preparation of Russiaís position at the Ministerial Conference with the involve- 2005 Ministerial Conference on ENA ment of not only representatives of the FLEG which has not started its work yet. 93

List of participants

Dmitry Aksenov, International Socio- Igor Korolev, Ministry of Natural Ecological Union (ISEU), Moscow Resources of the Russian Federation (MNR), Moscow Irina Bogdan, Far East Interregional Anatoly Kotlobay, WWF, Moscow Environmental Public Organization ìEcoDalî, Khabarovsk Evgueny Kuzmichev, Plenipotentiary of Winrock International in Russia, Moscow Boris Bolíshakov, Deputy Head, Russian Nikita Muraviev, RFFA, Moscow Federal Forestry Agency (RFFA), Moscow Viktor Nefedíev, Deputy Head, RFFA, Moscow Valentina Gavrilieva, RFFA, Moscow Anatoly Pisarenko, Russian Society of Yuri Gagarin, RFFA, Moscow Foresters, President, Moscow Alexei Grigoriev, International Social Viktor Sergeenko, RFFA, Moscow and Ecological Union (ISEU), Moscow Marina Smetanina, World Bank, Moscow Vladimir Dmitriev, World Wildlife Viktor Teplyakov, IUCN-The World Foundation (WWF), Moscow Conservation Union

Vladimir Zakharov, ISEU, Moscow Evgueny Terekhin, RFFA, Moscow

Mikhail Karpachevsky, Biodiversity Nikolai Shmatkov, IUCN-The World Conservation Union, Moscow Conservation Centre (BCC), Moscow Yuri Shuvaev, Adviser, RFFA, Moscow Alexander Karpov, St.-Petersburg Naturalistís Society, Expertise Center Margarita Shelgacheva, SPNS-ECOM, St. Petersburg ìECOMî (SPNS-ECOM), St. Petersburg Alexei Yaroshenko, Greenpeace-Russia, Nadezhda Konshina, SPNS-ECOM, St. Moscow Petersburg THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

94 Annexes

Annex 1. Forest Law and Other Related Laws Enforcement Analysis Shuvaev Yu.P.

Introduction account that forests are a combination of The general understanding of such a forest vegetation, land, fauna and other notion as ìforestî comes to a concept that components of natural environment. It is forest is a key component of the natural clearly understood that forests have high environment, regulating most of its ecological and economic importance as processes over the territory of one third of well as social significance. the total land area. Forests are considered According to the legislation, objects of to be one of the global and very basic fac- forest relations can be listed as following: tors providing sustainable development of the Forest Fund of the Russian Fede- mankind and its ecological safety. ration; Forest Fund sections and sites; the Over 55% of annual timber increment right to use the above mentioned cate- is used by mankind annually. This very gories; forests outside the Forest Fund, fact perfectly explains the main reason their sections and the right to use them, why forestry related business interests are tree and shrub vegetation. still dominating in forest policies of many These objects are recognized as key countries in the world. Still, environmen- components of forestry production and are tal protection and biodiversity conserva- actively used taking into account multi- tion are not yet prioritized. functional role of forests.

The Role of Forest Legislation in Complicated Aspects of Russian the Russian Federation Forest and Timber Sector Forest legislation plays one of the key The forest and timber sector of the roles in a set of measures focused on sus- Russian Federation has a stable economic tainable use, reforestation, forest guard potential as it is based on a huge stock of and protection. wood raw materials. The forest stock is 82 3 According to the article 72 of the mlrd.m , which allows harvesting 518 3 Constitution of the Russian Federation, mill.m annually. This amount could be forest legislation is under the jurisdiction harvested with no silvicultural and eco- of both: the Russian Federation and the logical damage. However, this huge potential is not subjects of the Russian Federation. Legal used effectively. The development of for- aspects and regulation of forestry activi- est industries in Russia is limited due to ties directly involve daily interests of the low technical level of production. people. Harvesting machinery and related equip- Forest legislation belongs to a single ment have become obsolete. The level of and interrelated field of general law and is deterioration of harvesting machinery is based on the Constitution of the Russian critical ñ it has reached 70%. Old machin- Federation. It consists of the Forest Code ery and low technological discipline of the of the Russian Federation, of other feder- employees have lead to numerous viola- al laws and legal acts and documents of tions and do not guarantee obeying rules, the Russian Federation as well as of the following regulations and law enforce- codes and acts of the subjects of the ment. Russian Federation. Annual Allowable Cut is underharvest- In Russia, legal regulation of forestry ed due to following reasons: constantly activities is conducted, taking into 95 changing timber demand (mostly at the 800 thous.m3. Independent experts from domestic market); separate and discon- non-governmental organizations claim nected programs approved by the subjects that this figure is much higher. of the Russian Federation in the field of To give an example, unauthorized har- forestry; inadequate pricing policy (forest vesting and shady forestry business in products); limited capital investments certain regions of Primorsky Krai have into the construction of forest roads and become a norm. This happened due to the into the development of forest complex in following characteristic features of general, and imperfect administrative, forestry of nowadays: tax, and customs legislation. According to ï presence of rare and valuable tree Rosleskhoz data submitted by January 1, species (Siberian cedar ó Pinus sibirica, 2005, 179 mill.m3 of state forests (under oak, nut, and ash) in all parts of Russiaís the jurisdiction of Ministry of Natural forests and their uneven distribution; Resources, MNR) was harvested in 2004 ï application of selective harvesting (final felling included ó 115 mill.m3). (final felling), ignoring silvicultural This makes only 22% of the official and requirements and regulations of the forest adopted Annual Allowable Cut. legislation; Location of forest logging enterprises ï groundless exclusion of huge forest- and forest processing companies through- ed sites from final felling calculations out the country proved to be irrational. There is a clear lack of production capaci- where later on intermediate harvesting is ties in sawmilling, timber processing and conducted with offences against adopted deep processing of raw materials in laws and regulations; Siberia and in the Far East. The percent- ï close location of huge markets such a age of forest land in these regions is quite s China, Korea, and Japan; high (70%) and the production is very ï weakly developed timber processing low: 37 % of roundwood; 36% of sawn and unsustainable sawmilling in the timber; 10% of plywood; and 8% of paper region (low investment interest); and board. ï loose administration of the forest Vast forests of the Asian part of Russia use, weak forest guard and protection, are almost inaccessible due to the undevel- ineffective control over illegal logging; oped infrastructure and lack of forest ï imperfect legislation and weak legal roads. normative base related to forest use, Forest resources of the European part reforestation, forest guard and protection of Russia are utilized ineffectively. Vast (Far East). areas of broadleaf stands and coniferous forests of low quality are not properly Offences against Forest Legislation used due to the lack of wood processing while Conducting Timber Removals capacities. Almost 200 mill.m3 of timber The results of the survey clearly show increment is underharvested annually, that illegal logging of nowadays differs leading to high accumulation of overma- greatly from the illegal logging of the ture trees, decaying wood and waste, high past years. Earlier, illegal harvesting took inflammability and high vulnerability to place reticently and destructively, taking pests and diseases. out either the best tree species or the most accessible valuable trees. Unauthorized Destructive Consequences of Illegal harvesting was not supported by any doc- Logging in the Bordering Forests uments and was absolutely exterminating. Illegal logging is, however, still con- Nowadays, illegal logging is more ìlegal- ducted in several regions of the country. izedî getting under either selective har- According to Rosleskhoz data, the volume vesting (final felling) or improvement cut- of illegally harvested timber has reached ting, or intermediate felling. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

There is a common practice of timber ï exemption of a forest user to conduct removals conducted ìby the areaî. This reforestation measures. allows for the forest user to considerably The above mentioned types of felling overharvest and exceed felling volumes operations are actually focused at remov- stated in the felling license and in the ing the best valuable trees. This leads to leasing contract. the worsened tree species composition in According to regional regulations of Primorsky Krai. Based on the above men- final fellings, forest management units tioned facts, it is clear that forest har- (leskhozes) have to practice selective harvesting in Promorje is not conducted vesting. The grounds are the following: according to the forest legislation. ï presence of tree species prohibited to According to the State Forest Fund harvest; Account (2003) the area of hardwoods in ï high steepness at the slopes of a Primorsky Krai is about 3.125 thousand felling site; hectares, which is about 27.6% of the ï big portion of Group III forests. total forested area. Most of the intermediate cuttings con- That is why neither enumeration of ducted in Primorsky Krai (up to 70%) are trees, designated for felling nor marking complex fellings, thinnings, or improve- is used. Timber removals, including tree ment harvesting. These intermediate cut- species of economic value are conducted tings are not very different from selective by the control diameter. This results in harvesting (final fellings) apart for one numerous violations and infringements. thing: most part of timber from interme- For example, in Shkotovsky forest man- diate cuttings is harvested with no pay- agement unit (Primorsky Krai, the Far ments for the Forest Fund use. When tim- East) 70 hectares were designated for ber is harvested through final fellings, selective harvesting (final felling). tenants have to pay for the use of the However, the volume of commercial tim- Forest Fund. ber was only 2, 4 m3 per hectare. Naturally, it is clear that during felling Offences against Forest Legislation operations or during the revision of while Setting Forests Aside for felling records it is very hard to check the Harvesting actual amount of timber harvested. Also, Forest management units in Primorsky it is hard to check its quality and value as Krai allow setting aside forest sites which well as the diameters of the felled trees. are not included into both forest manage- Thus we can assume that the basis for ment plans and final felling tables. This is infringements is laid at the stage of des- a clear forest offence against the forest ignation of forest sites for harvesting, legislation. Also, there is a common prac- while registering logging claims and tice of changing forest management plans felling licenses. when representatives from forest manage- According to the Rosleskhoz data selec- ment units and forest inventory enter- tive harvesting is prescribed for plain prise verify the data obtained in the year areas with limited amount of valuable tree 2002 and introduce corrections. Thus, species. This clearly conflicts with the they change forest characteristics such as Final Felling Regulations in the Forests of relative density, age structure, and the Far East. Harvesting conducted in species composition. Moreover, in most such a way will result in: cases forest management units do not ï leaving trees of low economic value coordinate their activities with Forest on a felling site; Agency of the Primorsky Krai. ï lowering of the value and the price of All the above mentioned violations timber harvested; related to setting forest sites aside for ï leaving deadwood and damaged trees; harvesting and actual timber removals 97 stipulate for illegal logging and other timber in China might reach 200 mln.m3 unauthorized actions. by the year 2025. To meet timber needs and demands China very much relies on The Connection between Existing timber resources of the Russian Timber Markets and Illegal Federation. Chinese customs experts Logging. recorded that timber trade between Russia Illegal logging, hauling, transportation and China has increased 2.5 times during and timber sales are perfectly conditioned the past four years (2000-2004). by wide and active consumption of timber Independent Russian experts consider produce, close location of sawmilling, frontier monitoring to be weak and state close location of timber processing enter- control over timber trade ineffective. prises and close location of pulp and paper There are special posts along the Russia- mills. China border through which timber is The Russian Federation is the key transported to China by railroad or motor exporter of timber and wood materials to roads. These posts are not checked proper- China. During the past ten years Russia ly. There are Chinese companies existing has played leading role in timber exports that clearly exceed the allowed volumes of to China leaving behind Indonesia and timber trade. Thus, they introduce very Malaysia. Export volumes of pine and local and hidden investments into forest larch round wood timber from Russia are logging enterprises of Siberia and the Far much higher. East. According to Chinese experts, the vol- To conclude, favorable grounds for the umes of Russian timber exports have con- abuse of forest resources are provided by: siderably grown due to the following rea- ï considerable increase of timber sons: demands in China as a result of harvest- ï most of the Russian timber origi- ing moratorium; nates from natural forests, so the quality ï launch of powerful timber processing of timber is high: diameters are over 24 enterprises in the frontier areas; cm and the value is clearly very good; ï lack of due and effective control over ï the price is moderate and reasonable. harvesting and timber utilization in Sometimes, the price for Russian timber Russia. is even lower than for the same quality and species in China; Offences against Customsí ï the stock of high quality hardwoods such as ash and oak in the North East of Legislation China is almost depleted. Russian forest The system of monitoring and control potential is strong and provides a perfect over timber harvesting, transportation, alternative to these tree species; and utilization at the domestic market as ï favorable conditions for frontier well as tracing exports is not correspon- trade and customs operations. ding to the requirements of the normative Moratorium over timber harvesting was legal acts, which regulate forestry related introduced in China. This has lead to activities. activization of timber trade with Russia To give an example: the volume of hard- and has resulted in the increase of har- woods removals within all forest manage- vesting volumes in Siberia and in the Far ment units of the Primorsky Krai during East along the Chinese border. This has nine months (in 2004) was 221 thousand also lead to the increased amounts of m3. According to the data of unauthorized logging and illegal harvest- Grodekovskaya Customs, roundwood tim- ing in the above mentioned regions. ber exports (hardwoods) to China consti- According to the data of the Center of tuted 15-16 thousand m3 daily (300 International Forest Trade, the deficit of wagon-loads) !!! THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

Also, there are some documented cases timber sales have got several interpreta- of unauthorized licenses issued for the tions and are differently understood. The forest products exports. An illegal system notions ìunauthorized harvestingî, ìille- of timber exports has been settled years gal loggingî, and ìillegal forest useî still ago. It ìallowsî purchasing timber, ille- are not clearly defined. Illegal harvesting gally harvested in Primorsky Krai and and illegal timber circulation have become exporting it to China using the closest of major concerns. customs post. Such an irresponsible tim- Moreover, in some cases illegal harvest- ber exporter might have an official license ing of non-timber forest products and and customs declaration issued in the medicinal plants is widely spreading as other region or territory. well as unauthorized land seizure and Among the twenty two documents other offences against the existing regula- required to get the state customs declarations. tion there is not a single one determining The dialogue between state authorities how legal the origin of the exported tim- and the public is complicated due to dif- ber is. ferent standpoints and varying interests. All the above mentioned infringements Cooperation and coordination of joint and offences against the law are consider- activities to reveal and stop illegal forest ably damaging for both economy and ecol- use is not always successful. ogy of Siberia and the Far East. As a Legal responsibility is quite a vague result, they negatively affect the forest concept, as the offence itself is not always resources of the Russian Federation as a stated in the most concrete way: whole. ï article 110 of the Forest Code of the There is a wide range of legal, econom- Russian Federation establishes adminis- ic, administrative and social factors trative and criminal responsibility for the assisting illegal logging to expand. The offences against the forest legislation; key ones come as following: ï according to the Code of the Russian ï imperfect legislation (civil, tax, cus- Federation on Administrative toms and forest legislation); Infringements dated December 2001 N ï inadequate legal regulations on tim- 195-FZ (Article 2.1), administrative ber trade at the domestic market; infringement is a guilty action (or negli- ï inadequate legal regulations on tim- gence) of a natural or juridical person for ber trade at foreign markets; which administrative responsibility is ï weak and insufficient control over fixed in the Code itself or in the laws of forest logging and forest products sales; the subjects of the Russian Federation. ï high levels of corruption and crime Administrative responsibility is fixed for in the forest and timber sector; breaking the rules of setting logging ï lack of legal and market incentives of claims, for breaking the rules of the for- the civilized forest use. est use, for threatening fire safety in the forests, for illegal logging of trees and Shortages of Forest Legislation, shrubs; Deficiencies in Legal Adjustments ï however, neither the Code of the and Weak Control over the Forest Russian Federation on Administrative Use Infringements nor the Criminal Code of Growing volumes of unauthorized har- the Russian Federation has clearly stated vesting, spreading of illegal logging, what illegal logging is; ìshadyî and uncontrolled forest use have ï offences related to illegal logging of lead to clear worries and natural concerns trees and shrubs lead to the punishments, of national and international society. stated in the Article 260 of the Criminal However, it is worth mentioning that Law of the Russian Federation dated June the terms, related to illegal forest use and 13, 1996 N 63-FZ. 99

In the resolution of the plenary session ï 67 resolutions of the Council of of the Supreme Court of the Russian Ministers and the State Government of Federation dated November 5, 1998 N14 the Russian Federation; (item 11) it is explained what has to be ï 147 departmental normative, understood under the notion ìillegal log- methodic and technical documents. gingî: The Forest Code of the Russian ï felling of trees, shrubs and lianas not Federation dated January 29, 1997 N 22- having a felling license; FZ and the adopted amendments from ï felling according to the felling December 29, 2004 N 199- FZ do not fully license which was issued breaking har- meet the requirements of current forestry vesting rules; developments. ï felling conducted: The federal law has introduced essential ï at the wrong place or outside its changes into the forest management sys- borders; tem. The major ones come as following: ï over the volumes stated in the ï powers and authorities of the federal felling license; center and of the subjects of the Russian ï of different species than stated in Federation are re-distributed; the felling license or felling trees which ï the authority to conduct forest con- are prohibited to fell; tests and to set stumpage price (except for ï after the felling period stated in the stumpage price for the forest use) the felling license; belonged earlier to farming organizations ï felling of tree (shrub or lianas) and nowadays is delegated to Rosleskhoz species that are prohibited to fell in the which is the forest executive body; Regulations on Timber Removals; ï the following activities were delegat- ï after the decision was taken to stop ed to the authority of the subjects of the or limit the activities of the forest user; Russian Federation: ï when the Forest Fund lease has ï fire fighting within the Forest expired. Fund area over the territory of the sub- Precisely this definition was given to ject of the Russian Federation; the term ìillegal loggingî and it is widely ï forest ownership over the forests and indisputably used in official documen- that were earlier under the jurisdiction tation and in courts. State authorities and of farming agencies; agencies, forestry organizations, forest ï forest guard and protection; users, citizens and general public apply it ï reforestation; while dealing with the issue of illegal log- ï letting forest sites for the forest ging and unauthorized harvesting. use; However, wrong appellations and char- ï setting stumpage prices; acteristics of violations, infringements ï issuing felling licenses, coupons, and offences against the forest law do not tickets and other permissions to use allow to fully apply civil, administrative, forests; and crime law. ï conducting forest management and Also, the constantly changing Forest planning. These activities are financed Code of the Russian Federation and out- from the federal budget. dated legal normative base of the forest ï forest use, forest guard and protec- legislation do not contribute to the tion as well as reforestation within the decrease of illegal logging. boundaries of rural and urban settlements Nowadays, the following legal docu- (except for Moscow and St.Petersbourg) ments regulate forestry relations: are delegated to regional authorities; ï 28 federal laws and Edicts of the ï state monitoring and functions of President; control are placed on the executive body THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

100

in the field of nature resource use which by the Ministry of Natural Resources is Rosprirodnadzor; (article 58); ï state forest guard over the forests of ï The list of specially protected sites is the Russian Federation is under the juris- settled by the Ministry of Natural diction of Rosprirodnadzor and not under Resources (article 59); the Rosleskhoz as it has been for two cen- ï The procedure of transmission of for- turies. est lands to non-forest lands to be used There is an acute need to develop new not for forestry purposes is fixed by the regulations and to introduce changes into State Government of the Russian the acting legislation. This has to be done Federation (article 63); taking into account that certain articles of ï The procedure of obligatory forest the Forest Code of the Russian Federation certification is set up by the Russian together with the amendments are not of Federation legislation on technical regula- the direct use. The following ones are tion (article 71); among them: ï The procedure of control over the ï The procedure of limiting and sus- forest state, forest use, forest guard and pension of the rights to use the sites of protection as well as forest regeneration is the Forest Fund is regulated by the legis- fixed by the State Government of the lation of the Russian Federation (article Russian Federation (article 76). Functions 27); of control are delegated to the federal ï The procedure of suspension of the body of executive power in the field of rights to use the Forest Fund sites is reg- nature resource use and to the regional ulated by the legislation of the Russian bodies of state control; Federation (article 29); ï The regulation on the state forest ï Regulations on Forest Fund lease are guard is adopted by the State Government adopted by the State Government of the of the Russian Federation (article 77); Russian Federation (article 31); ï The list of minor forest products is ï The procedure and conducting of for- approved by the Ministry of Natural est contests is under the authority of the Resources of the Russian Federation (arti- Ministry of Natural Resources which is cle 80); the federal body of executive power that ï The procedure of awarding damages develops state policies, normative and and compensations to forest management legal basis in forestry (article 35); units is settled by the State Government ï Regulations on the procedure of let- of the Russian Federation (article 85); ting Forest Fund sites for the gratuitous ï The list of fire fighting actions and use is adopted by the State Government of action plans are determined by the the Russian Federation (article 36); Ministry of Natural Resources of the ï The procedure of issuing of a forest Russian Federation (article 94); license, coupon or a ticket is fixed by the ï The regulation on aerial observations Ministry of Natural Resources (article over the Forest Fund lands and over the 42); areas outside the Forest Fund is settled by ï The procedure of conducting of the the Ministry of Natural Resources of the forest auctions is fixed by the Ministry of Russian Federation (article 97); Natural Resources (article 44); ï Sanitary regulations to protect the ï The order and procedure of financial Forest Fund lands and forests outside the controls and calculations for the submis- Forest Fund are developed and approved sion to get subventions is settled by the by the Ministry of Natural resources (arti- State Government of the Russian cle 98); Federation (article 51); ï Minimum stumpage prices are deter- ï Criteria to attribute the Group III mined by the State Government of the forests to the reserved forests are settled Russian Federation (article 103); 101

ï Payments for various forest uses are attached to the federal body of executive determined by the Rosleskhoz (article power in the field of nature resource use. 104); The functions of forest guard and protec- ï Final felling regulations and guide- tion are delegated to either forest manage- lines for intermediate harvesting are ment units (which are under the jurisdic- approved by the Ministry of Natural tion of the federal body of executive Resources following the procedure adopt- power in the field of forestry) or to the ed by the State Government of the executive authorities of the subjects of Russian Federation (article 115); the Russian Federation. In this context, ï The State Government of the Russian the following questions arise: Federation approves the Regulations on ï what would be the system of forest timber removals in the forests of the guard and protection? Russian Federation (article 116). ï what would be the implementing Some time is needed to develop and force? coordinate the drafts of the above men- ï who will pay for it? tioned legal normative acts. More time has ï what would be the powers and to be reserved for the submission of the authorities of forest management units? drafts to the State Government and for ï what would be the powers and the adoption of the documents. authorities of the bodies of executive It doesnít seem to be possible to suspend power of the subjects of the Russian the dynamic processes that are taking Federation ? place in forestry. These are forest leasing, These questions should be urgently gratuitous forest use, transmission of the addressed and clarified by the forest Forest Fund lands (from forest lands to owner ñ the State and to be clearly stated non-forest lands) and some others. This in the federal legislation. means that final felling, sanitary harvest- In the Forest Code of the Russian ing and other kinds of forest uses will be Federation and in other federal laws the conducted according to outdated rules and legislator has to determine rights, duties, regulations. In some cases the activities and responsibilities of forest guards. Also, will break the rules and violations of the their safety and protection have to be legislation will be registered. ensured. Forest guards are operating in State forest guard is a very exceptional forest management units, national parks, field responsible for: at military, educational, urban and rural ï forest legislation maintenance and forestry sites. Thus, some serious changes following the laws; and amendments have to be introduced ï control over the state of the forests, into the existing civil, administrative and forest use, forest guard and protection, as crime codes as well as to the other legisla- well as reforestation. tive documents of the Russian Federation. The Forest Code of the Russian Suggestions to introduce militarized Federation has set goals, aims, and proce- forest guard and armed detachments are dures (article 92 and article 93) of forest quite formal and do not contribute to the guard and protection. It was clearly stat- preventive measures to solve the problem ed that forest management units in coop- of illegal logging. On the contrary, in eration with aerial bases conduct forest some cases they will support illegal activ- guard and protection using ground and ities of natural or juridical persons as well aerial methods. as foreign forest users. There is a set of questions that could be A set of amendments was introduced to addressed to the forest management struc- the Forest Code of the Russian Federation ture, which is currently under the devel- on December 29, 2004 (N199-FZ), but opment. It is important to take into con- they will not influence forest management sideration that the state forest guard is significantly. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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On the 31st of January 2005 the State The draft of the Forest Code envisages Government of the Russian Federation legal regulation of forest relations being submitted a new draft of the Forest Code based on technical regulations that are to the Russian State Duma. developed according to the requirements The draft is not based on the continuity of the federal law ìOn the Technical principle and does not inherit the features Regulationî. The following drafts of the of the previous legislative documents. federal laws have to be still developed: While developing the draft, the authors 1. ìOn technical regulations for forest neglected the silvicultural essence of the harvesting in plain areas of the European object of the forest relations and the Russia, in mountainous forests of notion ìforestî was torn into forest Northern Caucasus, in the forests of blocks, districts, and sites. The authors Urals, in the forests of Western and disregarded ecological, economic and Eastern Siberia, in the forests of the Far social features of the biogeocenosis which East and in the basin of the lake Baikalî; consists from the complete totality of 2. ìOn technical regulations of turpen- tree, shrub, grass and other forest vegeta- tine gum harvestingî; tion, as well as from soil, land, fauna 3. ìOn technical regulations of second- species and other natural objects. ary forest products harvesting (stumps, The authors havenít provided the defi- birch bark, bark, branch and twig feed, nitions, descriptions, names, appellations, brushwood, etc)î; and actions that are widely applied in the 4. ìOn technical regulations of sanitary text. Having defined the federal owner- harvestingî; ship over the lands of the Forest Fund, 5. ìOn technical regulations of refor- the authors eliminated one of the key sec- estationî; tions dedicated to the state forest manage- 6. ìOn technical regulations of ment in the field of forest use, forest afforestationî; guard and protection as well as reforesta- 7. ìOn technical regulations of tion. Only few chapters of the draft stip- improvement harvesting (cleaning, inter- ulate for the state control, records, mediate). accounts and forest monitoring. The functions and activities of the state bodies of An adoption of an Edict of the forest management in the subjects of the President of the Russian Federation titled Russian Federation were separated from ìEnumeration of forest blocks and sites management activities. Also, no legal that are not allowed to be owned by for- basis is provided to prevent illegal logging eign citizens, persons with no citizenship and unauthorized timber removals. There and foreign juridical personsî is required. are more imperfections and shortcomings Development and adoption of more 13 in the submitted draft of the Forest Code forestry related normative legal acts of of the Russian Federation. the State Government of the Russian Certain section of the draft is built Federation is in prospect. upon the principle of limitations in the Amendments and changes have to be forest use. It is a known fact that bans introduced to the Budgetary Code of the and prohibitions will not favor complex Russian Federation and to some other fed- and complete use of mature, overmature eral laws. and low productive forest stands. List of the acts of the federal legislation The development and ratification of that was submitted to the Russian State federal laws ìOn the Introduction of the Duma is not final and exhaustive and is Forest Code of the Russian Federation open for the revision. into Actionî and ìOn the Transformations An estimated period of time ó from of the Forest Fund Landsî will be required two to three years is required for the as the new edition of the Forest Code is development of legal acts, regulating for- adopted. est relations. During this period the exist- 103 ing legislation, instructions and regula- Sustainable forestry as well as the tions will be in power. development of other sectors of forestry is practiced taking into account interests National Interests of the Russian and concerns of the subjects of the Federation in Forest Sector Russian Federation at all levels by: The Russian Federation, possessing one ï supporting market developments fourth of the worldís forest resources is in while using the Forest Fund lands; need of a clear and distinct forest policy. ï organizing forest use based on rent The necessity to develop such a policy also value of forest resources; results from the decisions taken at the ï strategic planning of the forest use United Nations International Conference and reforestation; on the Environment held in 1992 in Rio ï creating conditions for drawing in de Janeiro. Major principles of nature investments and new technologies into the resource use (including forests) that forest and timber sector. ensure sustainable development of nation- State forest management at its current al economies of the participating coun- stage of development requires more clear tries as well as the global economy were division of the authorities of the execu- developed at the Conference. tive power between all the administrative The national forest policy is intended levels: from the federal center through for to become one of the basic components subjects of the Russian Federation to of the general strategy of socio-economic municipal institutions. development of the Russian Federation in The federal center has to maintain the the long term of planning. following functions: to formulate and to Based on the national policy it will be conduct the state forest policy, to develop possible to formulate strategic programs and implement complex federal programs, for the development of forest and timber to adopt federal laws and to carry out sector at both federal and regional levels, state control. and to develop and to ensure the adoption The state has to keep up with forest fire of coordinated federal laws and other nor- protection, pest and diseases control, mative documents. fight against forest infringements, State forest management including for- offences, violations, illegal logging and est guard and protection, reforestation unauthorized international timber trade. and scientifically grounded forest use has As a forest owner, the state ensures to become the fundamental basis for the preservation of forest resources, sustain- national forest policy of the Russian able use of forest resources, and reforesta- Federation. All the parties of the forest tion. This is done through applying legal relations (forest users) such as the acts and other legislative regulations at Russian Federation, subjects of the the federal level and in the regions. The Russian Federation, municipal authori- state employs market mechanisms, trans- ties, citizens and juridical persons have to fers economic functions to juridical and become key integral parts of the policy. natural persons according to legal agree- The ultimate goal of a national forest ments, terms, and contracts. To raise and policy is to reach sustainable forest man- improve responsibility of a forest user, a agement, to ensure effective activities in legal right to keep a deposit (to cover pos- all sectors in forestry and quality refor- sible losses) should be worth of introduc- estation in due time and volumes, to pre- ing if reforestation is not carried out serve biological diversity and environmen- and/or some other offences are observed. tal value of forests. It would be reasonable to pass a set of This has to be reached through sustain- practical forest management activities to able approaches and multifunctional for- the executive authorities of the subjects est use. of the Russian Federation taking into con- THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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sideration the requirements of federal conducted directly at the felling sites. laws and regulations. Forest leasing, for- While conducting the revision of felling est contests and timber auctions are good records and checking the activities of for- examples of such activities. est users the documents from large-scale The development and expanding of mar- aerial photography have to be used. ket approaches in forestry envisages the When the federal law on forest certifi- perfection of forest leasing procedures, cation is adopted it will be necessary to forest auction practices and setting aside speed up the process of certification sys- forest sites for concessions. tem development. The system has to be One of the aims of sustainable forest effective in providing information about management is to bring forestry to the the origin of forest products manufac- ability to pay its way. While planning tured for sales and/or further processing. forestry expenses there is a need to bal- Timber, harvested or purchased illegal- ance revenues and expenses. Thus, it is ly (offences against forest and/or civil important to take into consideration for- law) have to be sold through a system of est taxes, payments for the use of the timber exchanges (including an electronic Forest Fund, duties and customs, which option ñ internet). are inalienable components of the forest To implement the above mentioned rent and forest leasing payments. measures, administrative and criminal To improve financing of forest fire pro- legislation as well as other legal regula- tection, forest fire insurances are to be tions have to be improved. This has to be introduced. done to strengthen and reinforce responsi- To manage forests in the sustainable bility of natural and juridical persons for way it is necessary to improve the quality forest legislation offences and infringe- of forest surveys, management and plan- ments. ning by introducing GIS systems and tech- It is proposed to widely develop and nologies. The aim should be to determine expand agitation and open cooperation actual forest potential and its economic with the public on the issues of prevention and technical accessibility; to determine of both forest violations and forest fires. felling intervals based on forest specific This open dialogue has to be also focused silvicultural features as well as on market at cautious attitude and careful treatment demands; to reveal actual and realistic of the forests. It is expected that mass prices for forest resources, and to become media will be actively taking part in this familiar with multi-optional assortment initiative. structure of the exploitable part of the Sustainable forestry can be in place and Forest Fund. be practiced only when interests of differ- One of the current priorities for the ent parties are taken into consideration, nearest future is to conduct a cadastre including various branches of industry evaluation of forest resources. The data and administrative bodies. This is related received from this evaluation will allow to the use and preservation of both timber determining the most favorable and effec- resources and non-timber forest products tive trends and directions in forest at a concrete territory. This also includes resource use. It will provide economic and processing and establishment of institu- ecological grounds to carry out target ori- tions that will ensure employment with no ented tasks, to determine grounded pay- risks to environment and biodiversity. ments for the use of the forest resources Forthcoming forestry reforms will not at the domestic and international mar- be a success if the forest and timber sec- kets. tor would not be reformed. Forestry enter- Forest marking, control, records and prises play the leading role, so they should accounts should be soon introduced to pre- be the first to introduce the changes. vent forest offences and to decrease illegal Big companies that are vertically inte- logging. Stamping and branding will be grated lease forest sites and use the 105 forests to perform the whole range of growth are good examples of such an forestry operations. They conduct forest offences; harvesting; ensure reforestation, forest ï to ensure strengthening of forest use guard and protection and produce items of based on scientifically grounded final deep processing following silvicultural felling and improvement harvesting in and ecological requirements. cedar forests (Pinus sibirica) in the Far Forestry roads construction has to be East; enforced and strengthening of the infra- ï to introduce marking, stamping, and structure of logging companies have to branding into practice of timber removals become a task of national priority. in the forest stands where valuable tree Sustainable forest management stipu- species occur; lates for open and wide cooperation while ï to employ the data of large-scale aer- carrying out national programs. ial mapping while revision of felling The fulfillment of the national forest records and control checks; policy in the Russian Federation would ï to develop such a system of marking ensure continuous, sustainable and multi- of forest products where logging site, pro- purpose forest use, quality reforestation cessing area and the final product will be in due time, preservation of the potential indicated; of the resource, maintenance of economic ï to conduct forest certification in the and ecological values of forests and regions with higher demands for the for- preservation of biological diversity. est products; ï to introduce amendments into the Measures to Prevent Illegal process of licensing and forest products Logging exports of tree species of high value. Illegal logging, growing in scale and Expert examination has to be envisaged to volumes has become an acute issue in the check licenses and corresponding docu- forests of East Siberia and in the Far mentation. Specialists from the Federal East. These developments have lead to Forest Agency have to be involved; elaboration of a set of measures to prevent ï to introduce the issue of legality of further expanding of unauthorized har- timber harvested or purchased (high value vesting. To achieve the results the follow- tree species) to customs declaration while ing activities have to be performed: exporting timber outside Russia; ï to introduce changes and amend- ï to introduce additions to customs reg- ments to the legislation of the Russian ulations on examination of goods and trans- Federation and to the legislation of the portation means. As for exports: to intro- subjects of the Russian Federation. duce requirements to acknowledge receipt Financial and customs legislation as well of legal documentation on timber origin as other normative documents that regu- (covering the felling site, logging opera- late legal aspects in forestry in East tions and the procedure of purchasing); Siberia and the Far East have to be also ï to conduct a wide scale, open and changed; transparent explanatory sessions for the ï to develop proposals for introducing public on the issues of illegal logging and additions and amendments to the Code of other offences against the forest law. It is the Russian Federation on Administrative proposed to involve mass media and con- Offences and to the Criminal Code of the duct these activities at schools as well as Russian Federation. These proposals have at forestry institutions; to be dealing with an issue of strengthen- ï to develop state bilateral agreements ing and reinforcement of responsibility between the Russian Federation and tim- for forest law offences. Illegal logging and ber importing countries prohibiting the damaging of forests to the extent that a circulation of illegal timber and other tree (or a shrub, or a liana) stops its unauthorized forest products. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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Conclusions and Suggestions by state authorities, public organizations, Forestry in Russia is not yet adapted to and population. market economy; it is not transparent It is realistic and very possible to enough and does not consider many issues decrease the negative consequences; to related to sustainable forest management minimize illegal logging; to ensure sus- and sensitivity of economic markets. tainable forest use and effective reforesta- Forest relations in Russia are still tion; to guarantee reliable forest guard viewed from the following perspective: and protection and to increase forest pro- Forest Fund is an object of forest rela- ductivity. To succeed, these activities tions and it is considered to be a mean of have to be based upon: forestry production. ï up-to-date legislation and modern Forest harvesting conducted in differ- legal normative base; ent regions and subjects of the Russian ï excluding of limiting principles in Federation always results in illegal log- the forest use, perfection of leasing and ging and many other offences against for- conducting of independent and corrup- est legislation are observed. tion-free forest contests and auctions; Illegal logging brings irreversible dam- ï introducing of new technologies into age to forests and forestry as a whole the forestry production, widening and resulting in considerable economic losses, broadening of timber processing, develop- ecological damages and social tensions, ing capacities for deep processing of tim- depriving of a considerable portion of ber; incomes and revenues, getting them away ï securing the wellbeing of the popula- from the state and the population and tion, providing employment and social misrepresenting of timber use value and guarantees; other economic values of forest resources. ï uniting the efforts of state authori- Expanding of the scale of illegal logging ties of the Russian Federation, subjects of in the Russian Federation is assisted by the Russian Federation, municipal bodies, the following reasons: growing demand forest users, public organizations and the for timber and forest products, dumping population to prevent and stop illegal log- pricing, not regulated and unsettled for- ging of timber. est exports, imperfect legislation in the The national forest policy has to be above mentioned areas of forestry rela- developed and adopted to be able to ensure tions, weak control and ineffective meas- sustainable forest management, advanced ures of authorized bodies to prevent and forestry developments, the upsurge of stop offences against the law, not reliable national economy, improvements in the information and insufficient and inade- well-being of the population and economic quate measures and activities undertaken independency and safety of Russia. 107

Annex 2. Report on the Audit of the Civil Hearings By A. Kletsina, Center on Non-Commercial Organizations Development, St. Petersburg.

Preface In order to answer all these questions On February 21-23 one of the first Civil within the framework of the audit the fol- Hearings in Russia was held in St. lowing steps were taken: Petersburg. For three days, 21 persons 1. An ìAssessment questionnaire for expertsî was developed, 15 filled question- from 12 regions of Russia were thoroughly naires were received (2 questionnaires studying materials on the issues of illegal were filled in by auditors in the course of logging in the forests of Russia and on mini-interviews with a respondent, 2 ques- Russiaís involvement in the international tionnaires were filled in after the arrange- process of ìcriminalî timber trade preven- ment thorough e-mail, 11 questionnaires tion of the. After familiarization with dif- were filled in by experts in person) and an ferent points of view presented by experts analysis of these data was conducted. from power bodies, business community, 2. An ìAssessment questionnaire for scientific research institutes and NCOs par- participantsî was developed, 18 filled ques- ticipants discussed these issues at work- tionnaires were received (all of them were shops and drafted memorandums addressed filled in by participants in person); and an to the world community, to the President analysis of these data was conducted. of Russia and the Russian citizens. 3. Nine unstructured interviews with The results of the civil hearings are to participants, experts and guests of the be presented at the International hearings were conducted and data were Ministerial Conference held under the title summarized. ìThe negotiating process of the North 4. The auditor held a working meeting Eurasian countries on law-enforcement, with organizers after the conclusion of governance and trade in the forest sectorî the hearings giving an express-evaluation (the Eurasian FLEG) which is to take place of the arrangement. in St. Petersburg in the fall of 2005. 5. The auditor had a free access to all necessary documents before, in the course The organizers of the hearings have and after the hearings, including interna- requested an independent auditing of the tional documents similar to final docu- activities (of its preparatory stage, course ments of the hearings. and final documents) in order to get an 6. The auditor was present at the hear- external assessment on the following ings and had every opportunity to observe points: the process in person. 1. To what extent did organizers The audit report is an open document observe the main principles of civil hear- which has been presented for familiariza- in the process of preparation and ings tion to organizations that had rendered conduct of the arrangement? financial support to the arrangement, par- 2. What was the quality of the arrange- ticipants, experts and guests of the hear- ment and whether it was held in accor- ings and which will be circulated within a dance with the plan, whether its objective wider community organizersí discretion. was reached and whether the result was satisfying in terms of its quality? Compliance with main principals of 3. What can be recommended for civil hearings future preparations of similar arrange- Based on documents describing the ments and for adjustment of the model of model for civil hearings in various modi- civil hearings? THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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fications we have identified the following ings is rather representative under differ- key principals: ent characteristics (with a certain prepon- 1. It is necessary to ensure representa- derance of representatives of the non-com- tive composition of participants of the mercial sector and graduates of one lead- hearings (persons with various personal ership program). The organizers îhave features, regional characteristics, differ- managed to gather a multifaceted, very ent degree of closeness to the problem and representative and efficient composition competent enough for addressing the proof participants and also a decent staff of posed tasks, except for being professionals qualified expertsî (quotation from a ques- of the forest industrial complex or experts tionnaire for participants). on the topic of the hearings). Organizers have devoted increased 2. The participants have an opportunity attention to the equal selection of participants. The description worked out (adden- to get sufficient information on the topic dum No. 3) represents a useful generaliza- of the hearings; full information in terms tion of experience in this field. of coverage of the topic and multifaceted one in terms of its representation of the entire range of different stands and points 2. Is the information obtained by participants sufficient? of view on the problem; Participants of the hearings received 3. The hearings are not tendentious the information from three sources: since experts do not feel pressure on the ï The preliminary package of docu- part of the organizers and can freely ments that had been sent some time prior express their different points of view, to the hearings by e-mail while participants do not feel pressure on ï The distributive package of docu- the part of the organizers or experts and ments which they could get immediately can freely form their independent opinion at the hearings and express it in the final document. ï Presentations of experts and their Taking into account the compliance answers to questions given publicly or with the above-mentioned principles it is during unofficial discussions really possible to recognize the partici- The most modest marks were given by pantsí attitude as an informed public the participants to the preliminary pack- opinion and the document produced by age of documents. The majority of partic- them as a well-balanced expression of the ipants pointed out that they had managed civil position. to familiarize with these materials before- To what extent were these principles hand, at least in part. However, not all of observed at these hearings? them could get access to them due to technical reasons. They also referred to a 1. Is the composition of partici- short period of time between distribution pants of the hearings representative? of materials and the hearings taking into The organizers have prepared a descrip- account the large volume of materials. In tion of ìThe principles of selection of par- their view, the usefulness of the prelimi- ticipants for the civil hearingsî based on nary documents was rather high, since which participants were selected. these documents helped non-specialists to Invitations were sent through 14 net- become acquainted with the problem and works (10 leadership programs, 3 regional to prepare to the hearings. Here is an public chambers, and 1 school of public abstract from the comments of partici- policy), 2 refusals were received and mem- pants: ìThe most clear generalizing mate- bers of 3 networks were added to the rials were presented only at the hearings ranks of participants. but not prior to themî. The distributive package presented in the Thus, we should recognize that compo- course of these hearings appeared to be very sition of participants of the present hear- useful for the elaboration of the final docu- 109

Characteristic Balance Maintenance

Average. Nearly half of participants represented non-commercial non-governmental organizations and associations of citi- Sector zens. The state sector saw a more modest representation, while business community displayed in even less rate of participation High. Participants included students, a lawyer, a physician, Profession some school and higher school teachers, forestry specialists and so on Above average. Dispersion by the age is rather wide; aged peo- Age ple have been underrepresented

Gender Above average. Participants included 8 women and 13 men.

High. 21 participants ó representatives of 12 different regions of Russia. These regions include both "forest" and Region "non-forest" ones (with domination of "forest" regions). Six participants represent capital cities, 10 come from other cities and 5 from different towns High. Six participants have a certain relation to the forest sector (high involvement in the problem, but they are not Involvement in the forestry professionals or experts); 6 participants have relation problem to ecological problems (average involvement); 9 participants do not have close relation to forest activities or forest governance Above average (according to the results of observations). Some Personal social com- participants (graduates of the LEAD program) have very high petence degree of competence, while some others possess a slightly lower level of knowledge. ments, but in terms of its completeness and siderable part of information represented versatility there is place for improvement. by experts has been duplicatedî. In organizational respect, it was not always In general, the information obtained by convenient that the package had been devel- the participants was of high quality, espe- oped stage-by-stage and represented some cially in terms of its completeness. sort of duplication of preliminary materials Based on the assessments made by par- and expertsí presentations. ticipants, as well as observation and Information supplied by experts was examination of materials of the hearings obviously useful, although there were we should conclude that the information calls for greater completeness and broader presented to the participants of the hear- spectrum of positions (especially in ings in general was sufficient for the respect of the stand of the authorities). preparation of final documents. In the From the comments of participants: ìThe future, it makes sense to pay attention to stand of the state is still not completely better structuring of the proposed infor- clearî, ìwe lack an official point of viewî, mation and representation of more polar ìopinion of forest loggers, exporters and attitudes from the point of view of differ- processors were poorly representedî, ìcon- ent parties concerned. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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3. Did the hearings have a tenden- noî. In spite of some episodes of rather tious character? tough behavior of experts, the atmosphere Did the experts have an opportunity to of the hearings was predominantly liberal, articulate their position and the partici- correct and was conductive for the expres- pants ñ to make a balanced and independ- sion and hearing of various points of view ent decision and to reflect it in the final what was particularly emphasized by par- document? ticipants in their opinions : ìThe dialog Two thirds of the interviewed experts was conducted on the a basisî, ìevery- believe that they managed to state their thing was honestî, ìcorrect conduct, a view to a full extent within the frame- surprisingly high degree of qualification work of their presentations (owing to suf- of experts, their sincerity, interest in par- ficient time, efficient organization of ticipating and correct behaviorî, ìthe dis- work, activity and interest of the audi- cussion was liberalî, ìeverything was ence). Every third expert pointed out that rather democraticî. he did not manage to do that to a full The very model of conducting the hear- extent due to the following reasons: lack ings do not imply any attempts on the of time, which did not allow even people part of experts to ìpull overî public opin- with higher education to consider in detail ion on their side, their role consists rather the specifics of the forest sector; the in adding their opinion and a piece of expert himself did not manage to high- information to the common palette and light key points in a right way, there was entrusting participants to form a complex not enough room for discussion, the and balanced position on their own. As expert did not have a clear vision of the one participant put it: îExperts should audience and the procedure of the hear- observe rules of the game: they are full- ings. fledged but not principal participants of Practically all the experts felt the reac- the processî. To what extent did experts tion of the audience in respect of their pre- who were involved in the hearings under- sentations (one half answered ìyesî and stand their role? Responding to the ques- the other half ó ìrather yes than noî). tion: ìHow precisely and clearly did the This reaction was highlighted by ques- organizers define the objectives and tasks tions and comments expressed immediate- of your participation in the civil hear- ly after presentations and in the lobby ings?î experts gave this activity 6.2 (and even applause). points on an eight-points scale with dis- Replying to the question: ìDid you persal from 4 to 8 points. In their com- experience pressure or obtrusion of opin- ments some experts pointed out that their ions on the part of organizers in taking presentations had been discussed with part in the hearings?î 13 experts gave a them beforehand and everything was negative answer, one person chose the clear; while other experts noted that they answer ìrather no than yesî and one per- did not get enough information on the son found difficulty in giving an answer. procedure of civil hearings, their pattern, On the question: ìDid you experience roles of different parties, special features pressure or obtrusion of opinions on the of the audience and in some cases the part of organizers or experts taking part topic of the presentation was not agreed in the hearings?î the participants with the speaker or was ambiguously for- responded in the following way: most of mulated and has a poor connection with them did not feel any pressure on the part other reports. of organizers (13 persons ñ ìnoî, 5 ñ Thus, we could conclude that the con- ìrather no, than yesî). The influence of duct of the hearings did not have a ten- experts was evaluated less favorably: 8 dentious character: the majority of persons did not experience pressure at all, experts managed to express their position 7 respondents ó ìrather no, than yesî fully. All of them consider the audience and 3 participants ó ìrather yes, than rather active and adequate and felt its 111 response. The experts and the participants of timber. In this address they also under- did not experience pressure on the part of scored the role of international coopera- organizers. Only every sixth respondent tion between customs services and law- felt a certain pressure on the part of enforcement bodies; experts. A possible reason behind this ï Address to the President of Russia could be an insufficient understanding by containing proposals on a range of priori- invited experts of their role in the hear- ty measures which are necessary to make ings. We would like to recommend organ- Russia a full member of the FLEG process izers to pay more attention to the prelim- and a request to take under his personal inary work with exerts, explaining specif- control the reform of the system of forest ic features of technology of civil hearings, governance; the role of experts and participants in ï Address to the citizens of Russia such hearings, especially at the stage of requesting them to demand the provision elaboration of final documents. of trustworthy information on the scales Summarizing the present section, we of forest loggings, to take an active part should emphasize that organizers man- in creation of effective mechanism of for- aged to select a rather representative com- est governance and also to buy and sell position of participants, to supply them only that timber the origin of which is with rather complete, multifaceted and known and legal. useful information which appeared to be The fact that the participants drafted sufficient for the participants in order to not only the envisaged address to the formulate their own stand on the topic of Ministerial Conference, but also two inter- the hearings and also to reduce to the nal national documents demonstrates: minimal degree the pressure on the part 1. The activity of participants, their of organizers and experts on each other high competence, potential and working and on the participants, as well as to capacity; avoid obtrusion of opinions and tenden- 2. The competence of participants and tiousness of the process in general. Thus, their experience predominantly related to the main principles of civil hearings were the national situation and, consequently, observed in the course of the present had to be utilized; arrangement and it is possible to recog- 3. The (excessive?) abundance of nize that its final documents reflect an detailed information on the situation and informed public opinion. problems of the Russian forestry and the Therefore, this arrangement was of sector in general in the expertsí presenta- high quality, carried out in accordance tions and distribution materials ó again with the plan and reached its objective this knowledge was not reflected in the The task of this section ñ to present an international document and required a assessment of the arrangement in terms of new framework. its quality, its concordance with the plan, Nevertheless, the main objective of the the results achieved and relevance of hearings has been achieved and even these results. exceeded. In general, we can note that the arrangement was held in concordance with The final document the planned program. Within the frame- The international document which has work of the hearings the participants have been issued as a result of the hearings ñ drafted three documents: the address to the Ministerial Conference ï Address to the ministers of the in terms of its format and content, in our Eurasian region calling to establish a ban view, agrees with the level of similar on trade in non-legally logged timber and documents, for example, CONTROLLING products of its processing and to intro- TIMBER IMPORTS INTO THE EU JOINT duce obligatory certification of the origin NGO STATEMENT, Citizens Conference THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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on genetic testing ó resolution (Dresden, We would like to mention such recom- November 26th 2001) and so on. mendations as supplying the audience How do the participants themselves with the list of participants, as well as look at the results of their work? Seven more accurate structuring of the distribu- respondents are quite glad with how they tion material. managed to draft the final documents of As for the process of conducting the the hearings; 10 participants responded arrangement we could recommend more that they are ìrather gladî, ìglad on the intensive work with the participants of wholeî, one participant could not take the hearings from the first day, detailed part in the work over the document. The explanation of the pattern of the hear- participants underlined that they man- ings, requirements to the final docu- aged ìto discuss the problemî, ìto reflect ments, and the procedure of their draft- opinions of all participants of the hearing. ingsî, ìto arrange a fruitful and interest- Summing up this section we can ascer- ing, though hard work at the workshopsî, tain that the civil hearings were organized ìto concentrate on the achievement of efficiently, they were held in accordance common understanding, to reflect the with the provisional plan and the pro- most important issuesî, ìto generalize gram; the declared principles of work views of the participantsî, ìto reach were observed. The objective of the agreement over the final conclusionsî. arrangement was reached: elaboration of the final document ó the address to the The following proposals were also ministers of the Eurasian region which expressed: would be considered at the International ï To leave more time for elaboration of Ministerial Conference ìNegotiating the final documents (4 participants); process of the North Eurasian countries ï To ensure availability of experts in on the issues of law-enforcement, gover- the process of elaboration of the final doc- nance and trade in the forest sectorî (the uments and possibility for participants to Eurasian FLEG) in the fall of 2005. The apply to them with specific questions; prepared document agrees with the level ï Experts should more briefly and of similar documents; besides, two nation- clearly present to participants their vision al documents were drafted as well. of the situation (problems and ways to address them); Recommendations ï To optimize reporting on the work on Proceeding from our assessments of dif- elaboration of the final documents, in par- ferent aspects of organization of the hear- ticular to provide teams with intermediate ings and also on the basis of proposals and documents in electronic and printed comments expressed by the participants, forms. experts and guests in questionnaires and interviews, we propose the following rec- Organization of the arrangement ommendations which would make it possi- In general, the participants appreciated ble to take into account the achievements organization of the hearings. However, and shortcomings of the present hearings there were such comments as ìit is cold in in organizing future similar arrangements. chambersî, ìit would be better to have This form of hearings is in many respects more light in the hallî, ìa cultural pro- experimental in the Russian context. gram would be desirableî. On our part, we would like to note that Work with experts: organization was efficient, well designed, ï To describe principles of selection of technically modern, met the needs of the experts (same as it was done for partici- participants and the requirements of the pants) and to use them in the course of process. organization of the hearings; 113

ï To attract experts with a more clear Work with participants and polar stands on the topic of the hear- ï To determine more precisely the ings ensuring a more complete representa- tasks of the arrangement, to explain their tion of different stakeholders; roles to the participants, to make mutual ï To instruct the experts more careful- responsibilities of organizers and partici- ly, to explain their role and the whole pattern of the process, the role of participants more transparent; pants of the hearings, the logic of the pro- ï To conduct a more intensive work gram with the participants of the hearings from the first day, to explain them in detail the Work with information: pattern of the hearings, requirements to ï To send the provisional distribution the final documents, procedures of their package to participants in advance (leav- elaboration, features characterizing a ing enough time for studying it), to make good document (probably it is necessary to it more complete, to stimulate preliminary make a draft document on the topic pre- familiarization on the part of participants pared either by the organizers or drafted with materials and, if possible, with each jointly by the organizers and participants other (e-mailing, preliminary meetings at the first stages of the hearings). To and so on); conduct ìorganizational sessionsî for the ï Distribution package disseminated at participants during each day of the hear- the arrangement should be more struc- ings. To ensure a more targeted collection tured, if possible, copies of the provision- of responses of the participants (the feed- al electronic package and thesis of back). It would be useful to have the expe- expertsí presentations should be widely available; rience of teamwork before starting work on the final documents. To prepare more concise and gener- ï To improve the procedure of work on alized expert documents the final documents: to leave more time ï To single out the main problems in for that, to define more exactly the proce- the course of work and to focus attention dure of discussing the documents, to give of participants on these problems; the participants an opportunity to apply ï To supply participants with informa- to experts on particular issues, to improve tion more agreeing with the content of the reporting on the proceedings and the potential final document; results of work. THE BEGINNING OF THE ENAFLEG PROCESS IN RUSSIA: CIVIL SOCIETY INSIGHTS

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Annex 3. Chronology of the ENA FLEG process

2004 3 May Geneva Russia invited Ministerial Conference-2005, UNFF-4 18 May Moscow Donor meeting, MNR 24 June Moscow Draft concept of FLEG Ministerial Conference, MNR Working meeting for Ministerial Conference preparation, 5 July Moscow MNR 16-17 FAO/UNECE workshop on illegal logging, Russia presented Geneva September its vision of the term "illegal logging" 6 October Geneva Side event on FLEG at the Joint UNECE/FAO meeting MNR Order on expert group and preliminary plan of activi- 29 October Moscow ties for Ministerial Conference preparation, MNR Moscow, New York, 21 December Teleconference of ISC FLEG London, Helsinki 23 December Moscow Meeting of Forest Public Council, FFA 2005 First meeting of NGOs (IUCN, WWF, SEU, BCC, 12 January Moscow Greenpeace), World Bank Second meeting of NGOs (IUCN, WWF, SEU, BCC, 14 February Moscow Greenpeace, Ecodal) ó proposals for ENA FLEG ISC, WWF ó www.forest.ru 15 February Moscow Launching scientific seminar of INDUFOR project 21-24 St.- Civil Society Hearings on climate, FLEG and civil society February Petersburg www.ecom-info.spb.ru 21-22 First ENA FLEG ISC meeting ó representatives from civil Moscow February society and business participated, MNR 2-4 March Khabarovsk Regional Seminar Meeting of governmental agencies and civil society repre- 14 March Moscow sentatives, RFFA Meeting of European NGOs, organized by FERN, WWF and 14 March London Greenpeace Meeting of representatives from civil society and business, 23 March Moscow organized by WWF 115

St.- Coordination Council meeting of forestry and timber 0-21 April Petersburg industry representatives 20-27 May New York Second ENA FLEG ISC meeting, UNFF-5 6-8 June Moscow ENA FLEG Preparatory conference St.- November ENA FLEG Ministerial Conference Petersburg 2006 Russia hosts G8 Правоприменение и управление в лесном секторе России: взгляд гражданского общества

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Annex 4. List of Acronyms

BCC ñ Biodiversity Conservation Center ENA FLEG ñ Europe and Northern Asia Forest Law Enforcement and Governance ENGO ñ Ecological Non-Governmental Organization FLEG ñ Forest Law Enforcement and Governance FSC ñ Forest Stewardship Council ISC ñ International Steering Committee IUCN ñ The World Conservation Union ISEU ñ International Socio-Ecological Union MNR ñ Ministry of Natural Resources of the Russian Federation NGO ñ Non-Governmental Organization RFFA ñ Russian Federal Forestry Agency TRN ñ Taiga Rescue Network UNFF ñ United Nations Forum on Forests WB ñ World Bank WWF ñ World Wildlife Fund