ACKNOWLEDGEMENTS CONTENTS
Executive summary 8 We would like to thank the following for their schemes which came back to us with written feedback and comments: Sergio Bafoni, Lafcadio feedback and comments, including the RSPO, the Introduction 14 Cortesi, Catharine Grant, Aida Greenbury, Jonas Rainforest Alliance, Fairtrade, ISCC, MSPO, RTRS, Hulsens, Cristina Mestre, Shiobhan Pearce ProTerra and PEFC. We incorporated these where Certification – definitions 18 and Nancy Vallejo. possible and where appropriate. The responses Contents we received from the schemes are all available on Furthermore we would like to thank several Chapter 1: Inherent limitations of certification 20 the Greenpeace International website. researchers that helped complete the report, including Rachel Wheeler, Barbara Kuepper Designer: Sam Walter, Festoon Studios Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility 26 from Profundo, Nick Mawdsley, Mario Rautner, Front page image: Rebecca Spencer and Rob Sykes. Governance and decision making 28 24 June, 2013 - Indonesia. Open flames on dry We shared the draft text about the different tree branches in an area of recently deforested Standards 30 schemes from Chapters 2 and 3, including the peatland in the PT Rokan Adiraya Plantation oil Traceability and transparency 34 draft scorecard, with the respective schemes palm concession. Contents for comments. We would like to thank the Auditing 38 Implementation 40
Chapter 3: Analysis of the major certification schemes 52
Biofuels certification schemes 54 International Sustainability and Carbon Certification (ISCC) 54 Cocoa and coffee certification schemes 60 Fairtrade 60 Rainforest Alliance/UTZ 63 Palm oil certification schemes 67 Roundtable on Sustainable Palm Oil (RSPO) 68 'Certification does not equal the Indonesian Sustainable Palm Oil / Malaysian Sustainable Palm Oil (ISPO/MSPO) 75 Soya certification schemes 77 Round Table on Responsible Soy (RTRS) 78 definition of deforestation-free.' ProTerra 81 Forest and wood certification schemes 84 1 Marc Engel, chief supply chain officer Unilever Forest Stewardship Council (FSC) 84
Chapter 4: Conclusions and the way forward: Forest protection goes beyond certification 92
References 102
1 Webster, B. (2020, 24 August)
2 Greenpeace International - Destruction: Certified 3 5 26 Greenpeace International - Destruction: Certified - Destruction: International Greenpeace clearly and demonstrably met the indicator. met and demonstrably clearly there when answer a ‘No’ received Schemes that indicator very little evidence was no or the indicates that A ‘Partial’ answer was met. all only in part (not the indicator scheme met or that certain degree) only to a the elements, or for available insufficient information there was a complete assessment. Schemes received a 'Yes' if all the principles of ecological farming or forestry are included in their standards. Schemes received a 'Partial' if Schemes received included in their standards. are if all the principles of ecological farming or forestry a 'Yes' Schemes received included. if less than 50% are and a 'No' included in their standards of the principles are 50% or more of HCVs, including in national (interpretations include specific language on IFLs or full protection if their standards a 'Yes' Schemes received not mentioned. when IFLs were and a 'No' a 'Partial' when application varied Schemes received of) standards. 'Partial' is included in their standards. Prior and Informed Consent (FPIC) Free, requiring when specific language a 'Yes' Schemes received conventions. including via international recognised, but Indigenous and community land rights are indicates that FPIC is not required of the International Labour Organization conventions include at minimum compliance with the core standards means the scheme's A 'Yes' a 'Partial' received and a living wage. Schemes organise the right to aspects such as child labour, key covering without any exceptions, (ILO), insufficient. are requirements when the standards' affiliated companies/entities subsidiaries and associated or for a company's include requirements if the standards a 'Yes' Schemes received a 'Partial'received when Schemes standards. either also be certified of the scheme's to in major breach or not carry out activities that are insufficient. that are requirements have they Schemes received a 'Yes' if key decision making bodies (board, AGM) are represented by a majority of non-business/producer a majority of non-business/producer by represented are AGM) decision making bodies (board, if key a 'Yes' Schemes received majority representation. have if industry/producers and a 'No' representatives a 'Partial', and schemes Community Members received schemes that are a 'Yes', ISEAL Code Compliant members received Schemes that are a 'No'. neither received that are is plantations. If there to of natural forest of the conversion include clear language on the prohibition standards means the scheme's A 'Yes' then a 'Partial' was given. any conditionality or limitations in this regard, eg of natural ecosystems (or equivalent, of the conversion include clear language on the prohibition standards means the scheme's A 'Yes' then a 'Partial' was given. is any conditionality or limitations in this regard, lands'), including peatlands. If there 'natural ecosystems’ as well ‘natural the cut-off date should fully cover obtain a 'Yes', To strong. 2008 is considered A minimum cut-off date of before 2008, a 'Partial' but not for natural ecosystems is before was given. If the cut-off date for forests as ‘forest’. a 'Partial'received if Schemes to obtain a 'Yes'. scheme is needed for a of HCVs and conservation areas Specific language on protection is used. areas') 'high biodiversity as protecting (such HCVs and conservation language or language that only partially areas weaker covers This scorecard is an assessment based on based is an assessment scorecard This drawing and judgement, analysis Greenpeace's the in Chapter 3 of analysis presented upon the the schemes available about report, information the feedback in the literature, online and well as themselves, as from the schemes received Schemes received own experience. Greenpeace’s a question when the schemea ‘Yes’ answer to 6 20 25
PEFC 5 14 23 FSC 19 13
ProTerra 12 18
RTRS 4 11 17
ISPO/MSPO 10
RSPO 9 3 16
est Alliance 8 2 No Rainfor & UTZ merged 15 24
Fairtrade 7 22 (cocoa and coffee) ISCC Partially 21 Code Compliant? 1 Yes Intact Forest Landscape (IFL) Intact Forest protection? for Indigenous and respect Requires land rights? on associated companies Requirements level? applied at group ISEAL ecosystem conversion, No other natural including of peatlands, allowed? and cut-off date for forest Strong ecosystem conversion? natural of HCVs and protection Requires conservation areas? the principles of ecological Requires agriculture/forestry? Addresses labour rights? Addresses No deforestation or forest conversion conversion or forest No deforestation plantations allowed? to Majority non-business in key representatives decision making?
GOVERNANCE AND Certification Scheme Scorecard:
KEY: DECISION-MAKING STRENGTH OF STANDARDS 4 needed to be effective at halting ecosystem destruction and rights abuses. and rights destruction ecosystem at halting be effective to needed How well selected certification selected How well aspects key perform schemes against Certification scorecard: scheme Certification Scheme Scorecard: Scheme Certification 7 emediation protocol for social harms only, for social harms only, emediation protocol egistry of complaints, grievances or appealsegistry of complaints, grievances er ISCC (2020b) pp.9-10, companies that fail toer ISCC nsufficient information. meet all ‘Major Musts’ and at least 60% of ‘Minormeet all ‘Major Musts’ and at least Musts’ for Principles 2–6 will not be certified if the within 40 days.non-conformity is not corrected that do not comply with Principle 1Companies certification. ISCC from excluded are not restoration. No r found. P I Has r
37. 35. 36. 38. Greenpeace International - Destruction: Certified - Destruction: International Greenpeace vance procedure only. only. procedure vance y reports not made public at this time for vance procedure only. only. procedure vance ge producers: yes (except for tea). Smallholder (except yes ge producers: airtrade has one approved CB, its subsidiaryairtrade has one approved nsufficient information on complaints and their nsufficient information on chronology andnsufficient information on chronology Summar UTZ certificate holders. Lar tea, no for cocoa (also for coffee, yes groups: cane sugar and juice). F I I status. Has draft grie Has grie FLOCERT. of complaints.resolution
28. 29. 30. 33. 34. 31. 32. ound FPIC is too weak, and in weak, and is too ound FPIC /www.ilo.org/dyn/normlex/en/f? eenpeace (2015) for the principles ofeenpeace (2015) airtrade p.12 (2019a) International SCC allows genetically modified crops (see ISCC(see SCC allows genetically modified crops in national standards protection nconsistent IFL See Gr I (2020b)). I F The language ar issome of their endorsed national schemes FPIC not included. See eg https:/ p=NORMLEXPUB:12100:0::NO::P12100_ILO_ CODE:C169 Only GPS points used, not maps ecological farming. A 'Yes' means effective procedures and mechanisms are in place. 'Partial' means there is a procedure or mechanism but it is not considered or mechanism but it is not considered in place. 'Partial' is a procedure means there and mechanisms are procedures means effective A 'Yes' or mechanism. is none or no information could be found on the existence of a procedure means that there 'No' and/or transparent. effective A 'Yes' means maps and details on ownership of sourcing areas are published on the scheme's website, or there is a link on the website to on the website to is a link website, or there on the scheme's published are areas of sourcing details on ownership means maps and A 'Yes' If only some website is insufficient. or certificate holder's on the CB's only available and ownership details maps Having that information. is ‘Partial’. published then this maps are scheme's is a link on the website, or there on the scheme's published means summary are of audit assessments reports or the results A 'Yes' a 'Partial' made public. the published reports. when only some of the reports Schemes received are website to also allow if they a 'No' Schemes received supply. or 100% pure identity protected segregated, only allow if they a 'Yes' Schemes received other supply chain models. in their auditing requirements. requirements or CBs rotation auditor have when they a 'Yes' received Schemes have of funds payment the direct to prevent their clients, including between the CBs and built in a firewall have if they a 'Yes' Schemes received a tender have reportvalidated, and/or they account until the assessment been has holding the certificationfee in an escrow such as by party a third which decides on the CB for a client. through process its complaints mechanism, a registry of complaints with clear access to when at minimum their website provides a 'Yes' Schemes received of these elements is missing, schemes of the complaints. If one or more and information on the resolution their status and chronology, present. indicates that none of the elements are a 'Partial'. 'No' received been reported, including have no major breaches aspects (see above) on key means that in the implementation of the standards A 'Yes' certified abuses, by ecosystem destruction and/or human rights breaches of deforestation, companies / in certifiedareas. Whether and case review been reported websites, a, literature has been assessed on the basis of information on the schemes' have standards NGOs. by studies/research bodies for any violations of scheme their accreditation including by the schemes, by taken actions are means strong A 'Yes' language strong 'Partial' incentives. schemes have means that the penalties or negative actions include Strong standards. identified, or that are when breaches sufficient action take not always but may violating standards the consequences for regarding to judge. insufficient information was there
21. 23. 25. 26. 27. 22. 24. 35 PEFC
FSC otection and 34
ProTerra tially meets this. 33 RTRS airtrade (2020) International nsufficient requirements on conservation areas. requirements nsufficient on both HCV protectionrequirements nsufficient on both HCV protectionrequirements nsufficient natural ecosystems more broadly. natural ecosystems more optional. conservation areas I I only states the standard and conservation areas; and does not on HCV areas’, conversion ‘no of HCV’s. maintenance and protection require I variations and large and conservation areas endorsed schemes. across F No specific language on HCV pr MSOP par
15. 16. 17. 18. 20. 19.
ISPO/MSPO
o
RSPO 27 38 28 32
est Alliance
Rainfor & UTZ merged 29 30 37 eas, and 2016 for ‘natural lands’ eas, and 2016 for ‘natural Fairtrade
36 31
(cocoa and coffee) v 2018 llows up to 5% (small proportion) 5% (small withllows up to
ISCC A of naturalconditions, as well as allows conversion managed or intensively ‘semi-natural’ to forest forests. ‘plantation-like’ 2008 No cut-off date Jan 2014, also because UTZ does not talk about other ecosystems No None 2009 for HCV ar Date after 2008 1994 – a good cut off date, but does not apply t
13. 7. 8. 9. 10. 11. 12. 14. 6. 2020 y towards Partial having by y towards oups: yes (though rather (though oups: yes Summary reports of audit or results assessments made public? or 100% identity protected Segregated, supply only? pure independence of audits via a Full between CB and company? ‘firewall’ such of standards, No major breaches or HCV destruction as deforestation, of human rights abuses (eg breaches labour and land rights)? proportionate consequences Strong, for companies or CBs violating scheme standards? compensatory Clear and effective procedures and restoration remediation of and mechanisms for past breaches being implemented? standards key Complaints and grievance mechanisms, Complaints and grievance and information on complaints made public? Requirement for rotation for rotation Requirement and/or CBs? of auditors Maps and ownership of sourcing areas areas of sourcing Maps and ownership available? made publicly llows up to 5% (very limited proportion) withllows up to Certification Scheme Scorecard: standard supercedes the previous RA standard RA the previous supercedes standard and the UTZ standard. MSPO goes some wa Value, no planting on land with High Biodiversity including primary forest. A Based on our understanding that the RA of naturalconditions, as well as allows conversion managed or intensively ‘semi-natural’ to forest forests. ‘plantation-like’ Co certification systems. Smallholder gr TRANSPARENCY & AUDITS IMPLIMENTATION no. producers: Large ambiguously worded). TRACEABILITY
6 4. 5. Table Notes Table 1. 2. bestpracticefor commitmentsto vers 3. EXECUTIVE SUMMARY
Certification on its own has not helped companies meet their 2020 commitments to exclude deforestation from their supply chains.
© Micha Patault / Greenpeace INTRODUCTION companies and governments, including 15 March 2017 - Worker in a smallholder oil palm plantation in Apouh, members of the Consumer Goods Forum (CGF Cameroon. The Société Financière des Caoutchoucs (Socfin), one of the The purpose of this report is to assess the – a global network of major manufacturers, leading oil palm and rubber tree plantation operators in Africa, plans to extend its plantations, threatening forests. effectiveness of (mainly voluntary) certification retailers, service providers and business for land-based commodities as an instrument to associations) have made commitments to address global deforestation, forest degradation eliminate deforestation and reduce degradation. conversion? These questions form the basis for the standards and their implementation, and other ecosystem conversion and associated Many also looked to certification as a way this report. The analysis is based on an extensive meaning some companies may be able to obtain human rights abuses (including violations of to address these issues while being able to literature review of research on certification, and certification and make a claim of ‘sustainability’ Indigenous rights and labour rights). Ultimately continue producing and consuming agricultural the views of certification experts. At its core is an while continuing with business-as-usual Executive summary the aim is to inform decision making by and forestry commodities. assessment of nine major certification schemes destructive practices. Another problem is that governments and companies on what role Questions answered in this report & spread over five land-use sectors based on a certification pushes onto the consumer some certification can play as a tool for cleaning up methodology: While certification of forest and review of publicly available information (together of the responsibility for evaluating the claims supply chains, what reforms are required and ecosystem risk commodities (FERCs) has grown with feedback from the schemes themselves). made about different certified products, which what other measures are needed to address the globally over the past decades, deforestation and is rightly borne by companies and governments wider biodiversity and climate crises. natural ecosystem destruction have continued. ANALYSIS: INHERENT LIMITATIONS – an evaluation consumers may be ill equipped Background: The United Nations Environment Does this mean that certification has failed? to make. Further limiting the effectiveness of Programme (UNEP) reports that between 70% How effective are certification schemes at Certification has several inherent limitations. certification is that these schemes do not – and and 80% of total deforestation globally is addressing these issues? What inherently limits First, certification is a market-based were never designed to – address the problem caused by expansion for agricultural production, the effectiveness of certification? Are there mechanism, in which the primary incentive of growth in supply or demand for FERCs. This mainly animal farming and soya and palm common themes in the performance of different producers and consumer companies have for growth puts additional pressure on land and plantations.1 Together with natural ecosystem certification schemes? What are the strengths meeting environmental and social standards subsequently risks further driving deforestation conversion and degradation, deforestation is and weaknesses of some of the most widely is not the ‘sustainable’ production of products and conversion of other natural ecosystems. a major contributor to the climate emergency used schemes? What reforms are required, and but the reward of increased market access Furthermore, unsustainable producers currently and biodiversity crisis. In response, many what role could certification play in the future? and sales. There are also large differences continue to find alternative markets for non- What other measures are needed to address between certification schemes in terms of certified goods (a phenomenon called ‘leakage’). deforestation, forest degradation and ecosystem their governance, the quality and rigour of 1 IRP (2019) p.90
8 Executive summary Greenpeace International - Destruction: Certified 9 ANALYSIS: KEY ASPECTS DETERMINING both certified and uncertified materials. Full CERTIFICATION SCHEME EFFECTIVENESS transparency (public disclosure of the entire supply chain) is similarly lacking. Further, Governance and decision making: The most schemes do not require the provision main issue in the governance of certification of maps or data for publication on remaining schemes is that the business sector tends to be natural ecosystems or conservation values in disproportionately represented in these schemes’ certified areas. None of the schemes requires full governing bodies, giving it an outsized role in transparency concerning the ultimate ownership decision making and greater influence over the of certified companies and their corporate groups. schemes. This ‘entrenches power in favor of There is variation across schemes, ranging from corporations – the entities they seek to regulate’.1 essentially no transparency to full reports of audits and maps being made publicly available. Standards: Certification schemes’ standards should at a minimum include: no deforestation Auditing: Auditing suffers from the inherent or natural ecosystem degradation or conversion; flaw that scheduled audit visits present only a protection of high conservation values (HCVs), snapshot of conditions at a particular location, High Carbon Stock (HCS) forests, conservation at a specific time, and allow companies areas and Intact Forest Landscapes (IFLs); to ‘prepare’ for the audit. Furthermore, restoration of converted ecosystems and certification schemes often only specify restitution of social harms; Free, Prior and performance standards for the primary producer Informed Consent (FPIC); Indigenous and or processor. In the case where multiple community land rights; and labour rights. certificates are used in the supply chain, they However, in many instances, they do not or are often audited by different certification are simply too weak to prevent environmental bodies (CBs), lacking transaction verification. and social harms. Certification schemes also Finally, it is common practice for CBs to be paid differ in their scope; they may cover certain directly by the clients they are auditing, who can important risk areas, such as environmental always choose another CB if they are dissatisfied damage or Indigenous rights, but not address with the results of an audit, creating financial others, such as the use of child labour, pesticides dependence on the clients and an intrinsic or genetically modified organisms (GMOs). conflict of interest. Most schemes do not require corporate group- Implementation: While certification schemes level compliance with certification standards, claim they have a positive impact, systematic resulting in consumers being offered certified reviews of the evidence by academics and other ‘sustainable’ products containing commodities researchers typically point to ‘sparse, limited, produced by companies linked to ecosystem and often context-specific benefits’. Certification destruction and/or human rights abuses. Further, schemes often fall short in how their standards standards may change depending on the country are interpreted, implemented and enforced. and region. This adaptability has a twofold The case studies in the report show how the result: it can either strengthen these standards RTRS, ProTerra, FSC and RSPO have all certified when locally adapted or weaken them whenever companies that have been accused of breaching national standards depart considerably from the standards and/or having links to environmental global principles and criteria. destruction and/or human rights abuses. Traceability and transparency: A truly unbroken And when certificate holders or CBs breach traceability system enabling commodities to be certification standards, the consequences are tracked from source to end product and vice versa not necessarily swift or severe. is not implemented for any FERCs. Of particular risk are ‘mixed’ product systems that contain
1 MSI Integrity (2020) p.66
© Victor Moriyama / Greenpeace 25 March 2019 - Bahia, Brazil. Industrial soybean plantation in Barreiras.
10 Executive summary Greenpeace International - Destruction: Certified 11 CONCLUSIONS ensuring compliance with legal requirements companies. Moreover, all of a scheme’s smallholders and communities whose livelihoods from governmental authorities to third-party requirements should be enforced across the depend on forests and other ecosystems. While some certification schemes have strong auditors, thereby weakening the enforcement of whole of each corporate group’s operations, Companies must begin by immediately requiring standards, weak implementation combined with such requirements. including those linked by ownership, and implementing strong environmental and a lack of transparency and product traceability management and/or other forms of control. social standards for commodity production, means even these schemes have major failings. FUNDAMENTAL REFORMS NEEDED FOR setting up traceability and transparency systems Certain schemes may have a localised positive Independence of CBs and auditors: A new CERTIFICATION SCHEMES • for all commodities, proactively monitoring their impact, such as strong individual country or local structure that acts as a ‘firewall’ between supply chains and supporting and financing forest application. However, far too many certified Minimum requirements for fundamental reform the two parties is needed, preventing the and natural ecosystem protection and restoration. companies continue to be linked to forest and of certification schemes include: direct payment of funds, impartially selecting ecosystem destruction, land disputes and the best qualified CBs to do assessments THE WAY FORWARD: MOVING BEYOND human rights abuses. The conclusion thus is • Equitable governance: Ensuring that and verifying the satisfactory performance that certification is a weak tool to address global schemes’ governance bodies have a SUPPLY CHAINS forest and ecosystem destruction. Currently, majority of representatives of social and of assessments and audits. To meet the demands of social justice and certification enables destructive businesses to environmental interests – including Strong rules and immediate enforcement • address the climate, biodiversity and health continue operating as usual. By improving the Indigenous and local communities – so that are necessary, including sanctioning or image of forest and ecosystem risk commodities crises, comprehensive and well-structured decisions are made in the interests of people expelling certificate holders or members and so stimulating demand, certification risks strategies are needed. Governments in both and the planet, rather than profits. who breach standards. actually increasing the harm caused by the producer and consumer countries, individually expansion of commodity production. Certification • Standards that include at a minimum: 1) Full and together, must develop and implement THE WAY FORWARD: policies that favour people, the planet and schemes thus end up greenwashing products respect for Indigenous Peoples’ rights and CLEANING UP SUPPLY CHAINS biodiversity, to rapidly halt and reverse the linked to deforestation, ecosystem destruction livelihoods, and labour rights; 2) prohibition loss and degradation of all natural ecosystems and rights abuses. of direct and indirect deforestation Producer country governments must enact and limiting the global temperature rise this (including conversion to plantations), forest THE ROLE OF CERTIFICATION comprehensive legislation (if it does not already century to a maximum of 1.5°C. These plans degradation and conversion and degradation exist) to protect forests and other natural should include rights-based, legal protection The weaknesses and flaws identified in the of other natural ecosystems, including, but habitats from destruction or degradation. of at least 30% of land by 2030, representing certification schemes assessed in the report not limited to, peatlands; 3) establishment of Legislation should include the obligation to all ecoregions, along with the restoration of at make it clear that certification should not be strong (early) natural ecosystem conversion publish maps of all supply areas for complete least 500 million ha of natural forests. These relied on to deliver change in the commodity cut-off dates; 4) restoration and remediation supply chain transparency and traceability, policies must be socially just and always protect all human rights. They must be combined with sector. At best, it has a limited role to play requirements for deforestation/ecosystem safeguard Indigenous and local communities and workers’ rights, and ensure monitoring and efforts to reduce the consumption of certain as a supplement to more comprehensive and conversion prior to the cut-off dates, as well independent verification and enforcement of commodities and products, addressing the issue binding measures. Following fundamental as restitution of social harms; 5) protection reforms, including strengthened standards and compliance with this legislation. of growth as well as just distribution. of High Conservation Values, High Carbon full transparency, certification can play a role to Stock forests, conservation areas and Intact Consumer country governments and, where help lift environmental and social performance applicable, regional jurisdictions such as the Forest Landscapes; 6) adapted provisions on the ground. However, it is imperative to EU must adopt laws that prevent products that to support small farmer/smallholder recognise its shortcomings and develop realistic are linked to forest and ecosystem destruction expectations about the applications that implementation. Certification should also or degradation or violation of related human certification can have and under what conditions require ecological production. rights being sold to consumers. This must it can be effective. It is also important to • Full traceability and transparency: Schemes be done through due diligence and measures recognise and assess the differences between to ensure full supply chain traceability and must, at a minimum, require a comprehensive certification schemes, which, as this report transparency (public disclosure). Legislation (unbroken) traceability system for certified shows, vary in terms of governance, standards, should also include rules on due diligence transparency, implementation and effectiveness. products from farm to consumer. Actors for financial institutions to ensure that they at all stages of the supply chain must Certification must not be accepted as a are neither directly nor indirectly linked to or way to demonstrate compliance with legal be certified with transparent reporting financially supporting ecosystem destruction or requirements related to the protection of forests, of transactions, and volumes tracked to degradation or human rights violations. ecosystems and human rights, considering all ensure an uncompromised chain of custody. Cooperation between consumer and producer the limitations of these schemes and their issues Certification schemes should also require full countries is also necessary to foster the adoption with regard to effectiveness and credibility. transparency, including maps of certified of responsible, ecological production methods and Embedding certification into regulatory areas (including conservation areas) and effective restoration and remediation practices. frameworks would shift responsibility for details on the ultimate ownership of certified Special attention should be paid to the position of
12 Executive summary Greenpeace International - Destruction: Certified 13 Introduction INTRODUCTION
The purpose of this report is to assess the effectiveness of (mainly voluntary) certification for land-based commodities as an instrument to address global deforestation, forest degradation and other ecosystem conversion and associated human rights abuses (including violations of Indigenous rights and labour rights).
1 Ultimately the aim is to inform decision making increases. UNEP reports that between 70% and © Kemal Jufri / Greenpeace by governments and companies on what role 80% of total deforestation globally is caused 13 November 2013 - Kalimantan, Indonesia. Cleared peatland forest in an oil palm certification can play as a tool for cleaning up by agricultural production, mainly animal concession owned by PT Ladang Sawit Mas, a subsidiary of Bumitama Agri Ltd. supply chains, what reforms are required and farming and soya and oil palm plantations.2 what other measures are needed to address the Underlying the ecological collapse is the wider biodiversity and climate crisis. neoliberal economic system, based on growth, causes appalling loss of biodiversity,4 often During the late 1980s and intensifying in the consumerism and extractivism. The world’s forests are a crucial defence against violates the rights of Indigenous Peoples and 1990s and 2000s, the public became aware of spiralling climate change, and are home to Agricultural and industrial forestry expansion other communities and contributes massively the growing role of multinational corporations many Indigenous and local communities and also contributes to the conversion or degradation to climate change, jeopardising our chances in perpetrating major environmental harms innumerable species of animals and plants. of other natural ecosystems such as wetlands of limiting the global temperature rise to 1.5° and human rights abuses, and thus of the The current global health crisis and ongoing (especially peatlands), savannahs, shrublands Celsius compared to preindustrial levels – the responsibility they bear. Numerous campaigns 5 ecological and climate breakdown share many and grasslands.3 This continuous destruction goal set in the Paris Agreement and reinforced by non-governmental organisations (NGOs) of the same drivers, including the destruction by the Intergovernmental Panel on have exposed corporate bad behaviour, yet of forests and other natural ecosystems by Climate Change (IPCC) Special Report the governments of the producer countries 6 industrial agriculture – as humans encroach on Global Warming of 1.5°C. that host these companies’ operations have into previously natural habitats and pathogens 1 Everard, M., et al. (2020) failed to create or enforce laws to hold them accountable for contributing to such harms. transfer from wild animals to humans, the risk 2 IRP (2019) p.90 4 IPBES (2019) Consumer country governments have likewise of further diseases like COVID-19 emerging only 3 See eg Bonanomi, J., et al. (2019). 5 UNFCCC, The Paris Agreement [Website] failed to take any effective actions, such as 6 IPCC (2018)
14 Introduction Greenpeace International - Destruction: Certified 15 regulating the markets, and kept protecting Declaration on Deforestation,7 Target 15.2 of the – in part to level the playing field.14 There is a broad range of certification schemes17 (together ‘their’ industries and economic growth models. United Nations Sustainable Development Goals realisation that what seemed like the solution for with feedback from the schemes themselves) Multilateral initiatives and institutions such as (UN SDGs),8 Aichi Biodiversity Target 59 and tackling environmental destruction and cleaning and the views of certification experts. the Food and Agriculture Organization (FAO), the New York Declaration on Forests (NYDF).10 up supply chains 30 years ago has failed to deliver The report begins by defining some key terms the United Nations Conference on Environment Many companies and some governments looked on its promise, and that there is an urgent need and concepts, such as certification schemes, and Development (UNCED), the International to voluntary measures, including certification, for other, more comprehensive measures to fight certification bodies, labelling and verification. Tropical Timber Organization (ITTO) and the as a way to reach these goals11 – but as the 2020 the climate and biodiversity crisis. However, Chapter 1 discusses the inherent limitations of 1992 Earth Summit proved unable to deliver deadline approached it became clear that the many actors do still see certification as a major certification as an instrument to address global solutions to the crisis of deforestation. So, CGF companies would grossly fail to meet their part of the solution, arguing for example that in deforestation, forest degradation and other in the absence of any adequate domestic or 2020 zero deforestation commitments12 and that the absence of strong laws voluntary certification ecosystem conversion for the production of international accountability mechanisms and the other initiatives would similarly fall short. schemes can go some way towards preventing FERCs. Chapter 2 then outlines the key factors in recognition of the need for corporations to Indeed, as the Convention on Biological Diversity deforestation and protecting human rights. This that influence the effectiveness of certification limit their reputational damage and market confirmed in its 2020 Global Biodiversity often goes hand in hand with advocating for the schemes in meeting that overarching goal. loss, market-based ‘solutions’ began to arise. Outlook report, ‘The recent rate of deforestation need to increase the demand for ‘responsible’ or Chapter 3 supplements this general discussion by The private sector, civil society and to some is lower than that of the previous decade, but ‘sustainable’ – ie, certified – soya, palm oil or detailing the strengths and weaknesses of some degree governments collaborated to establish only by about one third, and deforestation timber/wood products, with the idea being that if individual certification schemes for biofuels, voluntary frameworks.1 Since the late 1980s the may be accelerating again in some areas. Loss, more of these products are traded the result will cocoa, coffee, palm oil, soya and wood products. number of such multi-stakeholder initiatives, degradation and fragmentation of habitats be a decrease in deforestation and other harms Because there are too many schemes for this including voluntary certification schemes remains high in forest and other biomes.’13 linked to the production of these commodities.15 report to be able to analyse all of them in detail, increased rapidly,2 and they have expanded to Civil society, together with a range of While certification of forest and ecosystem risk only certain schemes are discussed, with a focus address a range of aspects of the production policymakers, companies and even some commodities (FERCs)16 has grown globally over on those that are most widely used and/or that process, including deforestation and protection certification schemes, has begun to realise the past decades, deforestation and natural are claimed by governments and corporations to of Indigenous rights. that standalone voluntary measures such as ecosystem destruction have continued. Does exemplify best practice. The Forest Stewardship Council (FSC) was certification are not enough to bring about real this mean that certification has failed? How Finally, based on the report’s findings, the one the first of many voluntary certification change and are arguing for regulatory measures effective are certification schemes at addressing conclusions and the way forward discuss schemes that was set up with multi-stakeholder deforestation, forest degradation and other whether certification serves its purpose, governance and commodity management forms of ecosystem conversion? What inherently 7 Seven European countries have signed the Amsterdam consider the appropriate role for certification standards. Over the years, much effort – Declaration on Deforestation committing to limits the effectiveness of certification? Are and the reforms needed, and suggest what including by Greenpeace,3 working with the deforestation-free, sustainable commodities. See there common themes in the performance Amsterdam Declarations Partnership, About [Website]. further measures governments and companies FSC4 and to some degree the Roundtable on of different certification schemes? What are 8 ‘By 2020, promote the implementation of sustainable should focus on to clean up supply chains in Sustainable Palm Oil (RSPO)5 – has been focused the strengths and weaknesses of some of the management of all types of forests, halt deforestation, order to protect the world’s biodiversity and on improving the standards and enforcement of most widely used schemes? What reforms are restore degraded forests and substantially increase ecosystems, to limit global warming to below such certification schemes. afforestation and reforestation globally.’ Source: United required, and what role could certification play 1.5°C and to help prevent future pandemics. Nations Sustainable Development Goals Knowledge in the future? What other measures are needed In 2010, members of the Consumer Goods Platform, Sustainable Development Goal 15 [Website]. to address deforestation, forest degradation and Forum (CGF – a global network of major 9 ‘By 2020, the rate of loss of all natural habitats, including ecosystem conversion? These questions form manufacturers, retailers, service providers and forests, is at least halved and where feasible brought the basis for this report. business associations) set themselves a deadline close to zero, and degradation and fragmentation is significantly reduced.’ Source: Convention on Biological of 2020 to eliminate deforestation from their Diversity, Aichi Biodiversity Targets [Website]. The present analysis is based on an extensive 6 supply chains. The same deadline was also set 10 The NYDF includes targets to end natural forest loss literature review of research on certification, a by several international commitments regarding by 2030, with a 50% reduction by 2020. In addition, it review of publicly available information about a halting deforestation, such as the Amsterdam calls for restoring 350 million hectares of degraded and deforested lands by 2030, supporting the private sector in eliminating deforestation from the supply chains of major 14 MSI Integrity (2020) pp.31,48 agricultural commodities by 2020, and providing financial 1 Bartley, T. (2003), Chan, S., & Pattberg, P. (2008), MSI support to reduce emissions related to deforestation and 15 See eg International Institute for Environment and Integrity (2020) forest degradation. See New York Declaration on Forests, Development, Four actions to reduce the ‘forest About [Website]. footprint’ of commodities [Website]. 2 Liu, P. (2010), OECD (2016) 11 Lambin, E. F., & Thorlakson, T. (2018), Neeff, T., & 16 FERCs are commodities whose extraction, harvesting or 3 In this report, mentions of ‘Greenpeace’ should be read as Linhares-Juvena, T. (2017), Pacheco, P., et al. (2021) production has, or risks having, a detrimental impact references to Greenpeace International unless otherwise on forests, other ecosystems and related human rights, indicated. 12 See Chain Reaction Research (2020, 5 March), such as soy (mostly used to feed farm animals), palm 17 This does not include changes certification schemes Ecobusiness (2018), Global Canopy (2020), Greenpeace 4 See eg Greenpeace (2008a). oil, beef, timber, rubber and cocoa. See Greenpeace have proposed to make or will make to their standards (2018b) and Greenpeace (2019c). (2020) p.5. and systems in the future. 5 Greenpeace Southeast Asia (2018, 15 November) 13 Secretariat of the Convention on Biological Diversity 6 Consumer Goods Forum (2010, 29 November) (2020) p.7
16 Introduction Greenpeace International - Destruction: Certified 17 Certification - definitions CERTIFICATION
– DEFINITIONS © Dave Taylor / Greenpeace 2 August 2016 - Canada Ruby-throated hummingbird (Archilochus colubris) in Canadian boreal forest.
in theory provides the purchaser/consumer with accredited by a recognised accreditation body, an indication of the product’s sustainability.7 such as Assurance Services International (ASI) Certification schemes for FERCs set a range the International Sustainability and Carbon for the FSC and RSPO.10 In simple terms, the 3 An important aspect of certification is product or of social and environmental standards with Certification (ISCC) and REDCert. role of accreditation bodies such as ASI is to which production of these commodities should material traceability, usually implemented via Certification is often used by companies that ensure that CBs are following the rules set by the comply. These standards usually comprise a set a chain of custody (CoC) system and standards. produce or trade FERCs – or manufacture or certification schemes. Additional guidance on of principles and criteria (with the principles Traceability is defined as the ability to follow sell products containing them – to reassure sustainability standards is provided by bodies setting out the broad elements of the standard a product or its components through stages of customers that they or their suppliers have taken such as the ISEAL Alliance.11 and the criteria defining what is required for each the supply chain (eg, production, processing, steps to minimise the negative environmental element), together with verifiable indicators of manufacturing and distribution); this is Verification is a simpler approach that does and/or social impacts linked to the production compliance with the criteria. An area, product, required if guarantees are to be made about the not necessarily form part of a certification of the commodities concerned, and that farm, manufacturer or processor (eg mill) is certification status of a product. scheme; it can be defined as the ‘assessment their products can therefore be considered and validation of compliance, performance, certified by a particular certification scheme 4 Companies or consultancies serving as ‘sustainable’. Yet no certification scheme and/or actions relative to a stated commitment, when it is assessed as meeting the standards certification bodies (CBs) undertake the task can make a claim that its certified products standard, or target’.12 An example would be set by that scheme. of ensuring, by means of third-party audits, are truly sustainable, as what is actually ‘second-party’ independent verification of that the certified organisations (producers, Whereas certification relates to a particular sustainable in relation to forests, land and the extent to which a company is complying 5 processors, downstream companies) comply management area or processing facility, agriculture is not known. with its No Deforestation, No Peat, No membership is what allows an organisation with the required social and environmental Certificationlabelling is a ‘promise’ or claim Exploitation (NDPE) policy.13 As part of a to participate in governance of the scheme. In criteria. Each CB has an approved list of auditors that a product meets the criteria set out by a certification scheme audit, the process of some schemes (eg the FSC), a company can – typically consultants or employees of the certification scheme, and is mostly done at the assessing whether organisations are complying be a certificate holder but does not need to be CB – who can perform the audits. The certified consumer goods manufacturers’ end.6 Typically with the required social and environmental a member.1 For other schemes, like the RSPO, organisations themselves are usually responsible incorporated into a product’s packaging, labelling criteria may also be referred to as ‘conformity 2 for commissioning these third-party audits, and membership is a prerequisite for certification. assessment’ or ‘verification’.14 bear the costs.8 Most certification schemes have Participation in almost all certification schemes 3 European Commission, Voluntary schemes [Website] accreditation requirements for CBs based on is voluntary, although in some cases the schemes 4 For example, Unilever defines ‘sustainable sourcing’ of International Organization for Standardization serve to enable companies to comply with palm oil as purchasing only from certified sustainable (ISO) requirements.9 They require CBs to be legal requirements – for example, compliance sources. See Unilever (2020) p.3. 10 ASI, Scheme owners we work with [Website] with the European Union’s Renewable Energy 5 ISO 14021 on self-declared environmental claims says 11 ISEAL Alliance, Who we are [Website] Directive (EU RED) sustainability criteria ‘The concepts involved in sustainability are highly complex and still under study. At this time there are 7 Retail Forum for Sustainability (2011) 12 Accountability Framework Initiative, Definitions – is ensured by certification schemes such as Monitoring, verification, reporting, and claims [Website] no definitive methods for measuring sustainability or 8 See eg Carlson, K. M., et al. (2017), Food and Agriculture confirming its accomplishment. Therefore, no claim of Organization of the United Nations (2018) and Food and 13 Accountability Framework Initiative, Core principles achieving sustainability can be made.’ See ISO (2016) Agriculture Organization of the United Nations, Forest – 11. Monitoring and verification [Website], Wilmar 1 See FSC, Home [Website], and FSC, Members [Website]. Clause 5.5, p.5. certification [Website]. International (2018) 2 RSPO, RSPO certification [Website] 6 Liu, P. (2010) 9 ISO (2012) 14 FSC (2014) p.3
18 Certification - definitions Greenpeace International - Destruction: Certified 19 INTRODUCTION
CHAPTER 1:
This chapter provides some Chapter 1: Inherent limitations of certification reflections on the inherent limitations of certification, INHERENT looking at its intended purpose, the wide variation in quality between certification schemes, the responsibility that is shifted to consumers and the fact that LIMITATIONS OFOF problems of growth in demand for FERCs and leakage are not solved CERTIFICATION (nor meant to be) by certification.
Chapter 1 - Inherent limitations of certification
© Ulet Ifansasti / Greenpeace 20 11 December 2016 - West Kalimantan, Indonesia. A recently cleared area in an oil 21 palm concession owned by PT Damai Agro Sejahtera, part of the Bumitama group. Focus on strengthening decrease the production and consumption of levels of assurance.9 Weaker, corporate-driven has been the case with the weaker PEFC adopting 1 15 certain forest and ecosystem risk commodities schemes that provide limited assurance may some FSC policies and standards. However, as market access, position altogether. The RSPO, for example, goes as far even certify as ‘sustainable’ products containing discussed in the box on page 89, the variability and profits rather than as to forbid its members even to ‘make claims materials that have contributed, directly or in the national schemes the PEFC has endorsed which imply that the removal of palm oil from a indirectly, to clearly unsustainable practices such means that it may not in fact deliver the expected sustainability product is a preferable social or environmental as the clearance of natural forests or human rights level of ‘sustainability’ assurance. A commodity can be defined as ‘an economic sustainability outcome to the use of RSPO abuses – a fundamental dishonesty that misleads 5 good, usually a resource, that has full or certified sustainable palm oil’. consumers. (see eg the analysis of the Programme Shifting responsibility for the Endorsement of Forest Certification 3 substantial fungibility: that is, the market treats onto consumers instances of the good as equivalent or nearly Misleading label of [PEFC] on page 89). 1 2 so with no regard to who produced them’. In In the case of national or international Certification pushes some of the responsibility other words, regardless of where or by whom sustainability with wide guidelines with which different certification for evaluating the credentials and the validity of a commodity like palm oil or soya is produced, variation in the quality of schemes are deemed to show compliance, the environmental and ethical claims made about a ultimately it is the same product which inconsistencies between schemes mean that product onto the consumer. The responsibility essentially has the same value on the global certification schemes the guidelines themselves are only as strong as should instead rest with producers, traders, market. Opportunities to increase commodity manufactures, retailers and governments, There is little consistency between the their weakest link. An example is the European profitability include preferential market access, who should ensure that only products free various certification schemes in terms of their Feed Manufacturers’ Federation (FEFAC) Soy price premiums and cost reductions. One key 10 of deforestation, ecosystem destruction and definitions of forests and ecosystems that Sourcing Guidelines, which set a sustainability issue is that, in the absence of strong and human rights abuses are traded and sold. This should be protected, their treatment of historical baseline for importing soya into the European effective regulatory frameworks in producing transference is not only unjust but also to a large deforestation and their requirements for market. Of the 18 schemes that comply with and consuming countries, cost reductions can extent ineffective, as the purchasing decisions of remediation or restoration. More broadly, there the guidelines and are classified by FEFAC as be achieved through what can be described 11 a large proportion of consumers are of necessity are large differences in the quality and rigour sustainable – five of which are traders’ own as ‘bad practices’, such as poor labour and driven by price rather than environmental of the standards and their implementation.6 second-party schemes – 10 reportedly rely on social practices, land grabbing, shortcuts on and social justice considerations.16 The global Yet because certification is increasingly being national legislation that differentiates between environmental standards or tax avoidance. 12 economic recession caused by the COVID-19 equated with sustainability, despite their legal and illegal deforestation. The problem with crisis – which is having a disproportionate impact Within this context certification is a market- differences all of these schemes and their a focus on illegal deforestation alone is that it on those with limited purchasing power and based mechanism, in which the primary advocates are able to cultivate a positive image.7 does not address deforestation as such, and states choice with regard to consumption – has only incentive producers have for meeting may legalise deforestation to accommodate soya In many cases industries have created new exacerbated this situation.17 environmental and social standards is the reward producers and allow further expansion. FEFAC’s certification schemes with weaker standards in of increased market access or price premiums.2 2021 Soy Sourcing Guidelines include protecting Furthermore, the aforementioned variation in response to existing schemes with more rigour, Instead of incentivising high performance natural ecosystems as a ‘desired’ criterion (with the quality of certification schemes may not be enabling them to continue with business as usual a cut-off date of no later than 2020), but it is still against standards as a major outcome, a key 8 clear to consumers, who are often ill equipped but with a certification claim. In some instances 13 focus is on increasing the demand for or market not considered essential. A deeper analysis of to distinguish between commodities certified major commodities traders have even set up share of ‘sustainable’ (ie, certified) products, FEFAC and other guidelines, including the PEFC by weaker and stronger schemes.18 Consumers their own voluntary standards, which can have even when the actual sustainability of those and RED, can be found in Chapter 3. typically distinguish only between products the effect – intentional or not – of undermining products cannot be guaranteed.3 labelled as certified and those that are not. more credible schemes and confusing the In some cases where there are competing Companies using weaker schemes can thus reap Another issue is that the very existence of a market. For example, ADM, Amaggi, Bunge and schemes, weaker schemes have taken steps to 14 the same market benefits as those using stronger certification scheme for a commodity tends to Cargill each have their own standards for soya bring themselves in line with the stronger ones. schemes, removing much of the incentive for strengthen that particular commodity’s market production; while all of these standards claim This can ultimately have a positive effect, with the investing in more robust certification. position, and may discourage efforts to promote to supply certified sustainable (or ‘responsible’) less robust schemes eventually becoming more the substitution of alternative commodities soya, they offer very different provisions and similar to the stronger ones – for example, this whose production may be less harmful4 or to
5 RSPO (2017a) p.2 9 Kusumaningtyas, R., & van Gelder, J. W. (2019) 15 OECD (2016) pp.11-12 1 Wikipedia, Commodity [Website]. See also Chen, J. (2020, 6 A deeper analysis of various land use–related 10 FEFAC, Responsible sourcing [Website] 14 February). 16 Kaczorowska, J., et al. (2019), Lehmann, J., & Sheffi, Y. certification schemes can be found in Voigt, M. (Ed.) 11 ITC Standards Map, FEFAC European Feed Manufacturers’ (2019) 2 See Liu, P. (2010) and Pavel, C., et al. (2016). (2019). Federation [Website] 17 Food and Agriculture Organization of the United 3 As ISO 14021 states, ‘At this time there are no definitive 7 Changing Markets Foundation (2018) 12 Kusumaningtyas, R., & van Gelder, J. W. (2019) p.24 Nations, Q&A: COVID-19 pandemic – impact on food and methods for measuring sustainability or confirming 8 Examples include the PEFC scheme, which is a response agriculture [Website] its accomplishment. Therefore, no claim of achieving 13 FEFAC (2021) p.17 to the FSC, and some weak biomass labels such as ISCC sustainability can be made.’ See ISO (2016) Clause 5.5, p.5. 18 OECD (2016) and the Sustainable Biomass Program (SBP), as well as 14 For example, the PEFC adopted similar requirements for 4 Changing Markets Foundation (2018) p.86 the endless other efforts of the industry to self-label. controversial wood sources in its CoC standard to those implemented by the FSC for its ‘controlled wood’. See PEFC (2020) and FSC (2017).
22 Chapter 1 - Inherent limitations of certification Greenpeace International - Destruction: Certified 23 4 Certification schemes do not 5 To address the issue of and are not designed to limit leakage, no one measure the growth of commodities is enough The focus on producing more for less cost is ‘Leakage’ happens because certification tends the dominant business model in companies to be required by downstream companies across the world. A fundamental problem and consumers in niche markets such as in with the growth in production of a particular Europe and the West, while business as usual commodity, however, is that it puts additional continues in other countries, such as India, pressure on land, and subsequently risks further China and Indonesia (although these markets driving deforestation and conversion of other are starting to move towards certification natural ecosystems.1 This is most visible where too). Unsustainable producer companies, new markets are emerging for commodities. which are commonly part of corporate groups Certification schemes do not – and were never that include certified companies, often find designed to – address the problem of growth in alternative ‘leakage’ markets for non-certified supply or demand; some schemes, like the FSC, products, limiting the ability of certification even have a strategy of growth.2 Certification to drive change on the ground.4 Unsustainable can thus mislead consumers, giving the producers may also be encouraged to move into impression that a certified product is ‘green’ or expand in jurisdictions where there are laxer and ‘sustainable’, no matter how much of it is sustainability and certification requirements. produced and consumed. A good example is crop- Rather than being eliminated, the destructive based bioenergy: increased demand ultimately environmental impacts that the sustainability drives forest degradation and/or land conversion standards and certification schemes hoped for other crops which are displaced to make room to avoid are thus simply displaced – a for the bioenergy crops, generating greenhouse phenomenon known as the spillover effect.5 gas (GHG) emissions and so fundamentally undermining the goal of the industry.3 Any certification scheme applied to bioenergy is thus effectively a greenwash.
PT Megakarya Jaya Raya (PT MJR) Oil Palm Concession in Papua © Ulet Ifansasti / Greenpeace
1 Pendrill, F. (2019) 2 FSC (2015c) © Ulet Ifansasti / Greenpeace 4 Chain Reaction Research (2018) p.1 31 October 2013 - Central Kalimantan, Indonesia. Orangutans 3 Gao, Y., et al. (2011), Lapola, D. M., et al. (2010), Popp, J., et 5 See eg Bastos Lima, M. G., Persson, U. M., & Meyfroidt, P. at a feeding station run by Orangutan Foundation International. al. (2014) (2019), Heilmayr, R., Carlson, K. M., & Benedict, J. J. (2020) and Meyfroidt, P., et al. (2020).
24 Chapter 1 - Inherent limitations of certification Greenpeace International - Destruction: Certified 25 INTRODUCTION
Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility
CHAPTER 2:
This chapter examines the effectiveness of certification schemes at addressing global deforestation, forest degradation and human Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility KEY ASPECTS rights abuses associated with the production of FERCs, by exploring the common influencing aspects. The effectiveness and credibility of a certification scheme depend on a range of factors, including: its governance and the THAT DETERMINE independence of its financing, processes and decision making; the strength and scope of its standards; physical traceability in the direct supply chain and the transparency of a corporate group’s1 production activities across CERTIFICATION its operations (not limited to those directly responsible for the certified product); the way a scheme uses and controls its label and claims; the required frequency of audits and the quality and independence of the auditing system; SCHEMES’ the auditing system’s level of transparency; the possibility of sanctions; and the rigour with which any sanctions are enforced and implemented. This chapter groups these aspects into five key areas – namely governance and EFFECTIVENESS decision making, standards, traceability and transparency, auditing and implementation – and reviews the general effectiveness and credibility of certification schemes AND CREDIBILITY in relation to these elements.
1 The AFi defines a corporate group as ‘The totality of legal entities to which the company is affiliated in a relationship in which either party controls the actions © Ulet Ifansasti / Greenpeace or performance of the other.’ See Accountability 29 June 2013 - Riau, Indonesia. Forest fires in an area of recently Framework Initiative, Definitions – Different types of deforested peatland near Tanjung Baru village, Pangkalan Kerinci supply chain actors [Website]. subdistrict in Pelalawan Regency. The village lies beside an oil palm 26 concession owned by PT Pusaka Megah Bumi Nusantara (PMBN), a palm 27 oil company belonging to the Asian Agri group (a member of the RSPO). Furthermore, larger and more powerful actors, such as agribusiness corporations and global traders, are often in a position to dictate standards to smaller and less powerful producers, which may end up being excluded from certification schemes altogether if they cannot afford the investment necessary for Governance and the certification process. This has been found to be the case for soya5 and for independent decision making palm oil smallholders.6 That said, there are also schemes – especially within the Fair Trade movement – that have been created intentionally to enable positive participation of marginalized producers in global trade,7 and some schemes are making CORPORATE POWER IS ENTRENCHED – efforts to address corporate dominance. An OVERREPRESENTATION OF BUSINESS example is the RSPO’s Smallholder Support ACTORS IN DECISION MAKING Fund, which aims to improve participation The business sector tends to be of smallholders by, for example, providing 8 disproportionately represented in certification assistance with the costs of certification. schemes’ governing bodies, giving it an outsized role in decision making.1 When the FAILURE OF SCHEMES TO ADHERE TO performance standards for certification schemes BEST PRACTICE STANDARDS are being developed and implemented, the The ISEAL Alliance aims to strengthen market interests of influential corporations sustainability standards and provides a standard tend to carry more weight than the interests of requirements framework for certification Indigenous and local communities, consumers schemes. Its membership is open to all multi- and other stakeholders, or the need to address stakeholder sustainability standards and the relevant social and/or environmental issues accreditation bodies that demonstrate their 2 in the most effective way possible. This is ability to meet the ISEAL Codes of Good Practice in part also due to the fact that standards are and accompanying requirements, which continuously being adapted into complex sets emphasise transparency, openness and broad of principles in order to apply them in very stakeholder consultation and dialogue.9 ISEAL different contexts. It is difficult for civil society Code Compliant membership can be considered to keep up with or match the amount of an indicator of scheme strength, but with lobbying done by multinational corporations, ISEAL being governed by its members and not which have extensive resources to dedicate independently auditing member compliance,10 3 to preserving their interests. As a result, the the extent to which they actually adhere to the recent MSI Integrity report Not Fit-for-Purpose Codes is not always clear. concludes that multi-stakeholder initiatives © Jonne Sippola / Greenpeace (including certification schemes) ‘entrench Certification schemes can also apply to be ISEAL 6 September 2018 - In Inari, Lapland, Greenpeace and Sami Community Members (formerly ‘subscribers’), people are demonstrating against industrial exploitation of power in favor of corporations – the entities the Great Northern Forest in the Sámi territory. they seek to regulate’,4 whereas people and the rather than Code Compliant members, but environment, not corporations, should be at the that only requires them to commit to the heart of governance. organisation’s mission and not to demonstrate Indonesian Sustainable Palm Oil (ISPO, where compliance with the Codes of Good Practice.11 CBs are accredited by the ISPO Commission), 5 Elgert, L. (2012) p.296 This clearly is less of a guarantee of system often use national accreditation bodies, 6 OECD (2016), Rietberg, P., & Slingerland, M. (2016) 1 MSI Integrity (2020) p.66 strength than full membership. which lack comprehensiveness, independent 7 Commerce Équitable France et al. (2020) guidance and oversight.12 2 Marin-Burgos, V., Clancy, J. S., & Lovett, J. C. (2014) Schemes that are not ISEAL Code Compliant 8 RSPO, Introduction RSSF [Website] 3 Changing Markets Foundation (2018) pp.19-20, MSI members or Community Members, such as 9 ISEAL Alliance (2014); see also ISEAL Alliance, ISEAL Integrity (2020) p.66 12 See Malaysian Palm Oil Certification Council, membership [Website] Malaysian Sustainable Palm Oil (MSPO) and Accreditation of certification bodies [Website], and 4 MSI Integrity (2020) p.66 10 ISEAL Alliance (2018) Ministry of Agriculture of the Republic of Indonesia 11 ISEAL Alliance, Become a member [Website] et al. (2015).
28 Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility Greenpeace International - Destruction: Certified 29 Certification schemes have emerged sector by sector and do not all share the same scope. For example, they may cover certain important risk areas, such as environmental damage or Indigenous rights, but not address others, such as the use of child labour, pesticides or GMOs.
Standards LACK OF GROUP-LEVEL ACCOUNTABILITY Certification schemes widely fail to take into account the relevant activities of all companies within a corporate group3 and to require group- WEAK STANDARDS wide compliance with the certification standards In some instances certification schemes create (see ‘Traceability and transparency’ below). This standards that are too weak to ensure that frequently results in consumers being offered deforestation, other ecosystem conversation certified ‘sustainable’ products containing and associated human rights abuses are commodities produced by companies that are actually being addressed. This happens when still actively linked to deforestation, human schemes set standards that are weaker than rights abuses or other problematic issues through international norms or are otherwise regressive, other parts of their group, as only a part of use ambiguous language and/or make key their production is required to comply with the © Mitja Kobal / Greenpeace standards ‘optional’.1 given certification criteria.4 20 August 2016 - Romania. Tree in Carpathian forest. The FSC is a notable exception with its Policy DIFFERING SCOPE OF STANDARDS for Association,5 but it nevertheless uses a To protect natural ecosystems and respect rather weak definition of what an ‘associated WEAKENING OF STANDARDS THROUGH JURISDICTIONAL-LEVEL APPLICATION human rights a certification scheme should organization or individual’ is. In addition, its ADAPTATION TO LOCAL CONDITIONS UNPROVEN include standards on at least the following: enforcement of the policy is limited, inconsistent deforestation (conversion of forest to plantation and very slow.6 The RSPO also requires Most certification schemes have the ability Some certification schemes are moving to or farmland) and forest degradation; degradation membership (and thus compliance) to extend to to change their standards (normally at the jurisdictional certification. This means that a and conversion of other ecosystems, including all companies within a corporate group that have ‘indicator’ level) for different countries or whole district, province, state or even country peatlands; restoration of converted ecosystems an interest in palm oil;7 however, it frequently regions to suit local conditions or national is being certified, rather than an individual and restitution of social harms; cut-off dates fails to enforce this requirement, in part as contexts. The FSC relies on this flexibility for concession or management unit. For example, after which ecosystem conversion is prohibited; a result of the complex, informal and (likely the implementation of its global Principles the RSPO is developing a jurisdictional approach 9 protection of high conservation values (HCVs), often deliberately) opaque structures of many and Criteria for Forest Stewardship, the to certification and is in the process of certifying High Carbon Stock (HCS) forests, conservation corporate groups within the industry.8 RSPO allows ‘national interpretations’ of its in their entirety the state of Sabah in Malaysia; areas and Intact Forest Landscapes (IFLs); Free, Principles and Criteria10 and the PEFC is simply the district of Seruyan in Central Kalimantan, Prior and Informed Consent (FPIC); Indigenous a collection of different national standards.11 Indonesia; and Ecuador.12 The idea behind this and community land rights; and labour rights. While some scope for adaptation to national approach is to act as a catalyst for a broader These are thus the key elements against which 3 The AFi defines a corporate group as ‘The totality of contexts is an advantage, especially if that commitment to sustainability with the support the standards of the selected schemes are legal entities to which the company is affiliated in a adaptation is strengthening or clarifying in of multiple stakeholders (local governments, assessed in this report. More broadly, for relationship in which either party controls the actions relation to local laws, this approach can result producers, civil society organisations and or performance of the other.’ See Accountability in a weakening of standards where the national purchasers) and to reduce the costs of certification to be consistent with holistic efforts Framework Initiative, Definitions – Different types of to address the multiple pressures on biodiversity supply chain actors [Website]. standards depart considerably from the global certification by spreading them more widely. and ecosystem health it would need to require 4 Changing Markets Foundation (2018). NGOs have principles and criteria. Compliance will need to be mandatory ecological production,2 including prohibiting repeatedly called out the RSPO for its failures in to ensure all producers in a jurisdiction the use of synthetic pesticides and GMOs. this area; see eg EIA (2015), Greenpeace (2018b) and are committed to and compliant with the Rainforest Action Network (2017, 12 June). standard, and it will require legal reforms and 5 FSC (2011b) the engagement of a range of government 1 MSI Integrity (2020) pp.87-88 6 The FSC’s case tracker includes details on complaints agencies.13 To date there has been no successful 2 See Greenpeace (2015). where the resolution process has extended over several jurisdictional-level certification. years. See FSC, Current cases [Website]. 9 FSC (2015a) 7 RSPO (2017c) pp.6-9 10 RSPO, National interpretations [Website] 12 RSPO (2019, 24 June) 8 See eg Greenpeace (2018a), Greenpeace (2019a) and 11 PEFC, Adapting global standards to local needs MacInnes, A. (2021). [Website] 13 Colchester, M., et al. (2020).
30 Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility Greenpeace International - Destruction: Certified 31 USING CERTIFICATION TO SIGNAL (WTO) rules says that a government cannot COMPLIANCE WITH LEGISLATION IS NOT instruct the use of one specific certification scheme, even if that certificate is objectively A SOLUTION the best one. Thus, governments have to In some cases certification is used to show develop their own criteria, or even go as far as compliance with legal environmental developing elements of a whole certification requirements. For example, the EU RED sets scheme, together with a procedure to assess out sustainability criteria for biofuels produced existing schemes against these government or consumed in the EU, and producers can criteria. After this assessment a formal decision demonstrate compliance with these criteria of acceptance, accreditation or recognition has through certification by a national scheme or a to be taken by the authorities. The assessment voluntary scheme recognised by the European itself must be executed by an independent body, 1 Commission (such as ISCC). However, the which often must be set up specifically for EU Court of Auditors has found the system this purpose and which must be composed of that should ensure the transparency and independent experts. reliability of certification systems used in the context of the EU RED to have several There are multiple risk factors here which point deficiencies (see box ‘The EU Renewable to the likelihood of the resulting solution being Energy Directive (RED)’ on page 58). weaker than existing certification schemes: the government criteria can be limited in scope,2 If certification on its own is unable to guarantee the assessment body can lack the necessary that commodity production is entirely free of independence requirements,3 the assessment deforestation, human rights abuses or other procedure can be incomplete or rely on an harms, there is little to suggest that using insufficient set of information (eg when input certification as a tool for proving compliance from stakeholders is limited or the assessment with legal requirements could solve the issues is merely based on documentation review) and in supply chains and fulfill the legislation’s ultimately political actors can interfere and objectives. In this context, recognising a take decisions based on criteria that are totally particular certification scheme as a proof unrelated to the reliability of a scheme.4 of compliance, despite its shortcomings, removes any incentive to improve the scheme or to replace it with a more reliable alternative, effectively contributing to the 2 See box ‘The EU Renewable Energy Directive (RED)’ on institutionalisation of greenwashing. page 58. 3 Two examples in the Netherlands are TPAC for timber Given that certification schemes are procurement (see https://www.tpac.smk.nl/32/home. voluntary tools, and that compliance with html) and ADBE for biomass subsidies (see https:// their requirements is verified by third-party adviescommissiedbe.nl). In both cases the assessment committees have experts that have clear links to the forest operators that often function on a commercial or timber or biomass sector. Their independence can basis (see ‘Auditing’ below), it is clear that therefore be questioned. they can neither replace regulatory obligations 4 For example, in the Netherlands, in the case of subsidies for operators to comply with legal criteria nor for co-firing biomass for four coal-fired power plants absolve public authorities from the responsibility – the so-called SDE+/SDE++ scheme – the Dutch Minister of Economic Affairs and Climate Policy decided of enforcing those criteria. in Q3 2018 not to follow the advice of the independent assessment committee that is tasked with advising the In addition, using certification to comply with minister because it did not lead to enough certification legislation poses problems of administrative schemes being recognised; he instead made an exception efficiency and effectiveness as it requires an and accepted the FSC and PEFC schemes for an interim additional layer of procedures and assessments period until the end of 2019, even though the PEFC was the weakest of all certificates being assessed. This is on top of the already complicated processes of the 'Exception in 2019' mentioned on the Netherlands certification schemes. The EU RED legislation Enterprise Agency website (see Netherlands Enterprise is a good example: the current mainstream Agency, Sustainability criteria for solid biomass under the SDE+/SDE++ scheme [Website]). While the details © Ulet Ifansasti / Greenpeace interpretation of World Trade Organization of this exception are no longer visible on this page, the category 1 and 2 overview document shows that the 8 January 2015 - Kalimantan, Indonesia. Pulpwood concession PEFC-approved schemes (ATFS and SFI) have the lowest PT AHL, owned by PT Riau Andalan Pulp & Paper (part of APRIL), 1 European Commission, Voluntary schemes [Website] scores of the approved schemes. in Sebuku subdistrict.
32 Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility Greenpeace International - Destruction: Certified 33 The lack of full traceability and transparency producers receive ‘credits’ for each tonne of The segregated model (some companies use the makes it impossible for certification schemes, let certified commodity they produce; however, term ‘100%’) ensures that certified commodity alone downstream companies and consumers, the commodity is then mixed with uncertified is not mixed with uncertified commodity;12 thus, to ensure that destruction or degradation of product, rather than being segregated or tracked if a product or ingredient is labeled as certified, forests and other ecosystems and human rights through the supply chain. Downstream companies the entire content is guaranteed to be certified. abuses are excluded from the production of a that have purchased quantities of uncertified It may, however, come from different certified commodity.3 commodity on the open market can buy sources/farms, including different countries corresponding quantities of credits, enabling them of origin. The strictest form of segregation is Traceability and Technology to enable full traceability and to claim to be supporting certified production. the identity preserved (IP) type model, where transparency exists,4 including e-data analysis The revenue from sold credits is intended to a certified product or ingredient from one tools, so feasibility is not the stumbling transparency encourage and support the transition of producers individual source (farm or group) remains block – the issue rather seems to be one of to adherence to the certification standards.9 segregated – and therefore potentially traceable reluctance on the part of manufacturers, – throughout the supply chain.13 This is also the processors and retailers. This might stem from Under the mixed/mass balance model, certified most difficult and expensive model to implement, their unwillingness to pay extra to ensure full commodity is mixed with uncertified commodity so its use is relatively rare.14 segregation,5 arguing that other models (book throughout the supply chain and this mixed LACK OF TRACEABILITY AND and claim and mixed sourcing – see below) commodity is sold to end users as ‘certified SUMMARY REPORTS OR RESULTS OF TRANSPARENCY CONCEAL PROBLEMS IN also contribute to the growth of ‘sustainable’ mixed commodity’. Accounting systems track the production, or from a fear that traceability quantity of certified commodity passing through AUDIT ASSESSMENTS OFTEN NOT MADE THE SUPPLY CHAIN will make it impossible to conceal harmful or the supply chain to the market, and in theory PUBLIC Most certification schemes require only a destructive practices in commodity production, only this volume is able to be labelled or claimed An important element of transparency and minimal level of traceability and transparency. increasing the pressure on companies to solve as certified. This approach enables the costs of therefore increased accountability and credibility A truly unbroken traceability system enabling these problems. setting up infrastructure for segregated supply of a certification scheme is the publication commodities to be tracked from source to end 10 chains to be avoided. Schemes such as Fairtrade of key documents or information relating to product and vice versa is not implemented for any MIXING CERTIFIED WITH UNCERTIFIED and the Rainforest Alliance argue that this allows the certification assessments. This allows FERCs. Full transparency (public disclosure of the COMMODITIES ALLOWS DEFORESTATION the participation of more smallholder farmers and stakeholders to evaluate the performance of entire supply chain) is similarly lacking. companies that otherwise would not be able to LINKED PRODUCTS TO BE GREEN- certificate holders and supply chain actors With the exception of the RSPO1 and FSC,2 which afford access to the certification scheme. LABELLED against the certification scheme’s standards, do so to a limited extent, none of the major The issue with such sourcing models, of course, and to assess how good a job the auditors and Even some of the better certification schemes schemes publish maps of certified companies is that they allow supply chains to continue to be certification bodies have done. include an option for downstream companies and areas. Further, most schemes do not require filled with commodities and suppliers associated to buy commodities certified under ‘mixed’ There is variation across schemes, ranging the provision of maps or data for publication on with deforestation and other social and ecological systems such as ‘mass balance’, or other from essentially no transparency at all to remaining natural ecosystems or conservation harms. Companies that purchase commodities approaches to support certified production summary reports of audits being made publicly values in certified areas, or publication of details or products made from commodities traded 6 available. Schemes that lack transparency about on social conflicts or grievances. such as ‘book and claim’. through these supply chain models may therefore members’ compliance with their standards and None of the schemes require full transparency Under the book and claim model (aka ‘certificate be inadvertently supporting producers that about any sanctions imposed (eg if a member is concerning either the ultimate ownership of trading’), used for example by the Round continue to engage in deforestation, ecosystem suspended, and why) risk obscuring evidence 7 8 certified companies or the full extent of the Table on Responsible Soy (RTRS) and RSPO, destruction and/or human rights abuses. They of ecosystem destruction and/or human rights corporate groups to which they may belong. are also misleading consumers if they claim that abuses in supply chains.15 This makes it impossible for buyers to avoid the products made with these commodities are certified suppliers that belong to corporate 3 Smit, H., McNally, R., & Gijsenbergh, A. (2015) ‘sustainable’. Even if their certification label producer groups involved in unsustainable 4 See eg Hirbli, T. (2018) and Saberi, S., et al. (2018). says ‘mixed sources’, it still conveys a certain production of commodities through some of 5 Where certified feedstock is kept separate from any message to consumers, who may have trouble 11 their other (uncertified) subsidiaries, associated uncertified feedstock throughout the supply chain. differentiating between different types of labels. Segregation is one of the most expensive supply chain entities and suppliers. models to implement, second only to identity preservation 12 FLOCERT, Glossary: Physical traceability [Website], RSPO, (IP). See eg Mol, A., & Oosterveer, P. (2015) and RSPO RSPO supply chains [Website] (n.d.-a) pp.5-6. 9 SPOTT, GreenPalm: Smallholders [Website]. See also 13 IDH & IUCN NL (2019) p.32, Rainforest Alliance (2018c) p.5, 1 RSPO, GeoRSPO [Website]. See the section on the RSPO in 6 There are slight variations in how schemes refer to the Changing Markets Foundation (2018) p.39. RSPO, RSPO supply chains [Website] Chapter 3 for further details. different certification models. The terms used in this 10 See eg Forum Nachhaltiges Palmöl, Trade options 14 Mol, A., & Oosterveer, P. (2015). See also eg RSPO (n.d.-a) 2 FSC, FSC on the map [Website]; see also Worm, L.D. (2019, report and the descriptions here attempt to represent the [Website]. p.5. 5 September). most common usage. For further details on the different 11 See eg Brécard, D. (2014). and OECD (2016) 15 MSI Integrity (2020) pp.143-145 models see eg Forum Nachhaltiges Palmöl, Trade options [Website]. 7 RTRS, How to buy RTRS-certified material [Website] 8 RSPO, RSPO supply chains [Website]
34 Chapter 2: Key aspects that determine certification schemes’ effectiveness and credibility Greenpeace International - Destruction: Certified 35 S l c ain models
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