EU FOREST LAW ENFORCEMENT GOVERNANCE AND TRADE Stakeholder Consultation Sessions on Guyana EU FLEGT Consolidated Report Draft Report FLEGT Secretariat Guyana Forestry Commission Prepared: February 22, 2017 This project has been funded with support from the Department For International Development (DFID). This communication reflects the views only of the author. DFID cannot be held responsible for any use which may be made of the information contained therein. Page | 1 Summary of the Report The Guyana Forestry Commission in collaboration with the National Technical Working Group (NTWG) embarked on a National Round of consultation. This round of consultation was aimed at having focussed discussions especially as it relates to Annex: V, the Timber Legality Assurance System, and Annex II: the Legality Definition and Annex VIII: Support Measures. The areas to be consulted were selected on needs assessment basis. The NTWG after careful perusal and discussion of comments from previous areas consulted chose the following areas; Moruca, Mabaruma, Port Kaituma, Orealla, Moraikobai, Coomacka and Malali, Rockstone, Aishalton, Lethem, Great Falls, Annai, Toka, Karasabai, Surama, Aroaima, Hururu, Kwakwani (UBFAPA), Kwakwani(KNRO), Muritario, St. Cuthbert’s Mission, Bartica, Santa Mission, Rupertee and Woweta Stakeholders made useful comments/recommendations/inputs for further development of the VPA. These were appropriately noted and will be recorded into the NTWG’s centralized database for stakeholders’ comments, the “Feedback Matrix”. “Overview of FLEGT and General Update of the VPA process in Guyana” It is extremely important that stakeholders understand the basic concepts so that they are able to make meaningful contribution during discussions. The National Technical Working Group, recognized that stakeholder feedback/input is hinged on their awareness of the EU FLEGT VPA, thus, this committee has made significant strides to ensure that each consultation session starts with the presenter providing a baseline understanding of what FLEGT is, what it seeks to achieve and Guyana’s involvement in the VPA process since 2012. This first presentation therefore sets the proverbial “stage” for all other discussion which follows. Nevertheless, in order to provide this “baseline understanding”, for the first part of the presentation, the presenter fostered discussions on the following; a) The meaning of the acronym F.L.E.G.T V.P.A in relation to the EU FLEGT Action Plan, the initiative and response to curb illegal logging. This was done especially for indigenous communities. b) The negative impacts of illegal logging and the EU’s move towards gradual reduction in the trade of illegal timber and timber products. c) The synergies between REDD+ and the EU-Guyana FLEGT VPA Page | 2 d) Addressing the issues of illegal logging; economic, social and environmental impacts through FLEGT. Having broadened the audience’s knowledge on the FLEGT through discussions on the points listed above, the second part of the presentation focused more on Guyana’s progress to date and receiving stakeholders’ comments from presentations. As part of the update, the following points were stated:- a) The Guyana Forestry Commission being identified as the lead agency for the process and its involvement in the development of the VPA. b) The formation of the National Technical Working Group (NTWG), an outline of its thirteen (13) member agencies and a description of the group’s function in relation to advancing the VPA process. c) The formation of the FLEGT Secretariat, its composition and location, and its objectives. d) Development of the Joint Roadmap and Key Milestones achieved thus far; status of development of annexes (whether drafted or not), EU-Guyana Negotiations, Technical Meetings (Video Conferences) and Technical Sessions (with the European Forest Institute). e) Brief overview of all drafted annexes (Annex 1: Product Scope, Annex 2: Guyana Legality Definition, Annex 3 - Conditions Governing the Release for Free Circulation in the Union of Timber Products Exported from Guyana and Covered by a FLEGT Licence, Annex 4: Requirements and Technical Specifications for FLEGT Licences, Annex 5: Guyana Timber Legality Assurance System, Annex 6: Terms of Reference For Independent Audits, Annex 8: Supporting Measures And Financial Mechanism, Annex 9: Criteria For Assessing The Operationality Of Guyana’s Timber Legality Assurance System, Annex 10 – Public Access to information on the FLEGT Licensing Scheme, Annex 11: Joint Monitoring and Review Committee. f) Development and use of the Feedback Matrix to capture information received during consultation and map changes in the Legality Definition by stakeholder input. g) Next steps – Key Milestones to achieve in the coming months as stated in the Joint Roadmap Page | 3 “Guyana’s Wood Tracking System” Recognizing that “Supply Chain Controls” is one of the five (5) main components of the Guyana Timber Legality Assurance System, the need to ensure that stakeholders are aware of the importance, structure and procedures of maintain traceability of timber and timber products throughout the supply chain is ever present regardless if a stakeholder does not currently form part of the commercial supply chain. This was based on the premise that some stakeholders, though not engaged in commercial trade of timber in Guyana or do not export directly to the EU, have the potential to become part of the commercial timber flows of the country as financial resources become readily available and the demand for timber from Guyana increases. As a result, it was essential that stakeholders understand beforehand the various requirements that must be met in order to transport and sell timber and timber products both domestically and internationally. To do this, a presentation on Guyana’s National Wood Tracking System was made, the presenter commenced the presentation with the following questions; a) What is a Wood Tracking System? b) How does it work? The presentation focused heavily on the critical control points at which wood-flow is monitored. The critical points help to ensure the integrity of wood flow by maintaining legality of the produce through a system of documentation and field verification exercises which all form the basis for a good system of traceability. These critical control points were also discussed by drawing on the relevant indicators of the Guyana Legality Definition so that their synergies within the Guyana Legality Assurance System can be brought into perspective. “The Guyana Legality Definition” The LD is seen as the most fundamental element of the Guyana Timber Legality Assurance system (Annex V-GTLAS).This Annex will have a significant impact on all stakeholders involved in the commercial supply chain of timber to the European Union (EU). As previously mentioned, Annex II seeks to answer the question; “What makes timber legal?” It focuses on the different FSO types. Discussions were tailored for the audience present, that is, the relevant Legality Matrix as per FSO type. Page | 4 Firstly, the structure of the Legality Definition with regards to Principles, Criteria, Indicators, Verifiers and Legal References were all discussed to show the relationship between compliance and verification of compliance. During the discussion of any Legality matrix, emphasis was especially placed on the following areas:- a) Guyana’s land allocation system b) Land tenure and use rights c) Verification of legal rights to harvest and trade d) Social and Environmental requirements Additionally, description of the Legality matrix focused on; a) The FSOs’ compliance with Forest Operation Obligations b) The FSOs’ legal rights to harvest and respecting of other parties legal use rights c) The FSOs’ compliance with fiscal and social obligations It is important to note that NIS played an integral role in this aspect of discussions. It was during discussions that the NIS was given an opportunity to present and encourage discussions on the roles and functions of the NIS. Stakeholders at the end of this presentation were encouraged to take the opportunity to register if they hadn’t done so. They were also encouraged to visit the nearest office if there were further inquiries and clarifications would be provided. It was made clear that future sessions with all relevant agencies would take place. Though the LD is in its seventh draft it was noteworthy to point out that this Annex is still to be finalised and as such stakeholders have the opportunity to make further recommendations and/or provide feedback through different channels on its content. It was important to note that the Legality Definition is country specific, and is based on the National Laws of Guyana, and that the requirements of the GLD are what the stakeholders agree to over the duration of the VPA negotiation. Apart from explaining the Legality Matrix, the presenter also took the opportunity to detail the relevance of the Regulatory Framework which supplements the applicability of the Guyana Legality Definition. All requirements of the GLD which must be met for each FSO must be met based on Page | 5 applicable National Laws. These applicable National Laws make-up the Regulatory Framework of the EU – Guyana FLEGT VPA. Page | 6 Summary of Sessions The FLEGT Secretariat commenced a National EU FLEGT consultation during Jan to Feb, 2017. The team comprised members of the National Technical Working Group and the GFC who were engaged in discussions with indigenous stakeholders and forest operators, some of whom included: Sawmillers, Lumberyard dealers, Regional Democratic Councils reps as well as other state forest operators (Miners and Agri Lease holders/farmers) within the various areas. The cluster based approach was used in some cases and individual communities were consulted in others. Efforts were made to have more direct contact with communities and groups who were directly involved in commercial logging. Noteworthy is the fact that these sessions were aimed at not only explaining the content of the Annexes, but given the extent of consultations carried out in the past four years, to have the stakeholders highlight what were the main outstanding issues which needed to be addressed.