The Implementation of FLEGT Licenses must be a Sustainability Milestone in Improving Forest Governance

The Implementation of FLEGT Licenses must be a Sustainability Milestone in Improving Forest Governance

POSITION STATEMENT
Forestry Independent Monitoring Network (JPIK)

The Indonesian government has stated in concrete commitments and real steps to eradicate illegal logging and trade in illegally harvested timber and wood products. Beginning by hosting the East Asia Conference which discussed Forest Law Enforcement Governance (FLEG) in Bali in September 2001, since then, Indonesia has continued to be at the forefront of fighting illegal logging and trafficking in timber illegally, including through international cooperation to overcome from the side of foreign trade.

As part of international efforts to address this problem, more and more consumer countries have committed to taking steps to prevent the trade in illegal timber in their markets, and producer countries are committed to providing mechanisms to ensure the legality of their wood products. It is important to build a credible and accountable system to ensure the legality of harvesting, transporting, processing and trading timber and its derivative products.

Since 2002, Indonesia has begun to build and develop a Timber Legality Verification System (SVLK) to guarantee that timber and wood products produced in Indonesia come from sources that are legal and in full compliance with Indonesian laws and regulations. Verification through an independent audit that is accredited and monitored by civil society along with better public information disclosure is a form of mechanism to strengthen the credibility and accountability of this system; which thus became a system which then gained recognition and acceptance by the European Union Government in the FLEGT-VPA agreement (Forest Law Enforcement Governance and Trade-Voluntary Partnership Agreement) between the Government of Indonesia and the European Union Government in September 2013.

Currently a long journey accompanied by various challenges in implementing the SVLK in full has reached the EU acceptance point for full implementation based on this system to begin the implementation of the FLEGT license. The European Union Parliament has officially stated that Indonesia has fulfilled the agreement of both parties to be able to start the implementation of the FLEGT license. With the no objection from the European Union Parliament and through a joint decision in the Joint Implementation Committee (JIC) between Indonesia and the European Union on September 15, 2016, it is certain that the FLEGT license for SVLK products will take effect from November 15, 2016.

The application of FLEGT licenses should be interpreted as a challenge in strengthening the system and in maintaining and enhancing the credibility and accountability of the system, as a manifestation of the continued improvement of governance in the forestry and trade sectors. [On 11 May 2016 JPIK and other independent monitoring institutions issued paper positions in In order to respond to the implementation of the FLEGT license, it can be seen in full on the link: http://jpik.or.id/pemberlakuan-license-farust-harus-diiringi-dengan-keber sustainability-perbaikan-tata-kelola-pada-sektor-kehorest-dan- / / For this reason, the matters relating to the implementation of the system and its enforcement must be continually ensured as an embodiment of a system that is increasingly credible and accountable. This of course has and continues to need to be a shared awareness between the Government of Indonesia and the European Union Government, so that both parties must continue to support each other’s strengthening efforts in implementing this system. Both parties must ensure the seriousness of the follow-up in the event of any inconsistencies or the need for concrete law enforcement measures in relation to threats to the credibility of the system, including in this case if there are findings of counterfeiting, fraud, or borrowing flags that clearly injure the system. .

Based on the current developments, the Independent Forestry / JPIK Monitoring Network, which consists of 51 civil society institutions and 407 individual members from Indonesian civil society, recommends to the Government of Indonesia and the European Union Government and other stakeholders to immediately:

Real supervision and follow-up and law enforcement against non-compliance that occur (because it will harm overall system accountability) for all business units in the forestry or trade sector, so that there is no forgery and / or buying and selling of documents, and loan cases flag, and carry out a strict legal process if this violation is found. The government also needs to ensure ownership of timber legality certificates (S-LK) for all companies that are required to have S-LK in accordance with the provisions in the SVLK.

  • The case of large companies claiming to be SMIs, as already submitted by JPIK in a report entitled “In the Legality – http://jpik.or.id/celah-dalam-legalitas/” which reveals real findings of strong indications of violations. . Companies that carry out thousands of shipments with export destinations worth billions of rupiah using the ‘Export Declaration’ that has been implemented (while it should only be used by real IKMs). Even though it is registered as a forestry industry, these companies actually do not operate as processing industries. The company is also suspected of ‘selling’ the Export Declaration to other companies that do not meet the requirements and are not SVLK certified (they should not be able to export). Companies are also found not to be registered with the competent authority. [Gap Report in Legality: How the Minister of Trade Decree Is Used By Timber Exporters And Weakens Law Reform, can be seen in the full link: http://jpik.or.id/celah-dalam-legalitas /]
  • Cases of forgery of Timber Legality Certificate (S-LK) documents by one of the companies in East Java.
  • Cases of timber utilization (without IPK permit) as a result of clearing oil palm plantations by several companies in Central Kalimantan. Indications of illegality / nonconformity include: the issuance of a Plantation Business Permit (IUP) before the environmental permit is approved (operating without an environmental permit), timber utilization takes place before the IPK is issued, the opening of forest area outside the IUP (in the forest area), and ongoing operations in the area ‘deep peat’ (both inside the IUP and outside the IUP limit).
  • Cases of utilization of felled timber without a Timber Legality Certificate (S-LK);

2. Reviewing licensing of exporters (business actors that do export), including the Marine Freight Expedition (EMKL) company, to ensure the eligibility of business actors in the forestry and trade sectors as a basis for legal certainty, to then be truly eligible (entitled) included in the timber legality guarantee system (SVLK);

3. Providing assistance, facilitating the financing of the certification process and providing guaranteed timber (S-LK) in small and medium industries (IKM);

4. The Indonesian government and the European Union Government must enforce the law against companies that are later found to be involved in timber trade without the required export licenses (V-Legal Documents or FLEGT licenses), or if the licenses are problematic. The government must also ensure transparency of information regarding the handling and enforcement of the law that occurs, as well as guarantees the provision of data and information for the benefit of Independent Monitoring;

5. The audit (assessment / verification) carried out by the appraisal / verification institution must be in accordance with the real conditions in the field, so that if there is a weakness in the system that causes a difference in the value / weight of the assessment so that immediate assessment / verification standards are strengthened.
In addition to the above, there must be continuous assessment / verification standards in the SVLK, so that issues that are often debated regarding boundaries in control / utilization as well as forest management, conflict, environmental damage, forest conversion, forest and land fires, corruption , as well as mal-administration and potential irregularities can gradually get clarity including from the side of the law and resolved with the best solution that can be done.

Yogyakarta, September 15, 2016

Jaringan Pemantauan Independen Kehutanan (JPIK), Forest Watch Indonesia (FWI), PENA Aceh,YLL Sumut, MITRA INSANI Riau, Q BAR Sumbar, CAPPA Jambi, WBH Sumsel, ULAYAT Bengkulu, YKWS Lampung, LSPP DIY-Jateng, PPLH Mangkubumi Jatim, PHMN Banten, TITIAN Kalbar, Yayasan Kaharingan Kalteng, LPMA Kalsel, PADI Kaltim, GAPETA BORNEO Kaltara, JURNAL CELEBES Sulsel, KOMNASDESA Sultra, ROA Sulteng, WALHI Sulbar, JAPESDA Gorontalo, JASOIL Papua Barat, PTPPMA Papua, VM3 Maluku Utara, Kaoem Telapak, PADI Kaltim, TEROPONG Kalteng, IWGFF, WALHI Kaltim, ARUPA Yogyakarta, YASCITA Sultra, KPHSU Sumut, TRITON Papua Barat, KOMPLEET Jateng, AMAN Kalsel, AMAN Bengkulu, AMAN Kalbar, SHOREA Yogyakarta, LANGSAT Kalsel, TII Jakarta, ECOTON Jatim, LINGKAR Sulsel, LP3M Kaltim, JAPESDA Gorontalo, WALHI Sulbar, ROA Sulsel, SPI Jateng, KEPUH Jatim, YTMI Sulsel, AMAN Luwu, SMS Sulsel, YLBHI Makasar, WALLACEA Sulsel, AMAN Sulsel, WANUA Sulsel, WALHI Sulsel, PBS Palopo, HaKi Sumatera Selatan.

Download JPIK Position Statement JPIK 150916