A REVIEW OF THE SOCIAL COSTS OF ILLEGAL LOGGING Prepared for Department of Agriculture, Fisheries and Forestry June, 2010 Final Report Sheridan Coakes Consulting Pty Ltd NSW Office PO Box 30 BOWRAL NSW 2576 Tel/Fax: 02 4862 3936 WA Office Suite 7, 1327 Hay Street, West Perth WA 6005 Tel: 08 9226 5388 Fax: 08 9226 4188 Email: [email protected] Website: www.coakesconsulting.com Department of Agriculture, Fisheries and Forestry June 2010 Table of Contents Executive Summary ....................................................................................................................... 1 1.0 Introduction....................................................................................................................... 4 1.1 Illegal Logging .................................................................................................................. 5 2.0 Methodology .................................................................................................................... 6 3.0 Definition of Forest Dependent Communities ..........................................................11 4.0 Review Findings ..............................................................................................................14 4.1 Draft Regulatory Impact Statement ..........................................................................14 4.2 Stakeholder Submissions ...............................................................................................14 4.3 Summary of Selected Literature Review ...................................................................17 4.3.1 Exclusion of Forest Dwellers from Traditional Areas ........................................21 4.3.2 Changed Natural Environment..........................................................................23 4.3.3 Commercial Distortions ........................................................................................25 4.3.4 Transfers of Welfare Away from the Public Sector .........................................26 4.3.5 Violation of Human Rights ...................................................................................29 4.3.6 Introduction of Social Pathologies ..........................................................................32 4.4 Study Limitations and Directions for Further Analysis ...............................................35 5.0 Conclusion ......................................................................................................................36 6.0 References ......................................................................................................................38 7.0 Appendix .........................................................................................................................44 7.1 Summary of Stakeholder Submissions ........................................................................44 7.2 Literature Resources Reviewed ...................................................................................49 ii Department of Agriculture, Fisheries and Forestry June 2010 List of Figures Figure 2.1: Methodology Flowchart ........................................................................................... 6 Figure 2.2: Elements of the five capital areas .......................................................................... 8 Figure 4.1: Matrix 1 .......................................................................................................................16 Figure 4.2: Interconnectivity Analysis .......................................................................................18 Figure 4.3: Matrix 2 .......................................................................................................................20 List of Tables Table 7.1: Resources Reviewed ................................................................................................49 COPYRIGHT Sheridan Coakes Consulting Pty Limited 2010 All intellectual property and copyright reserved Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part of this report may be reproduced, transmitted, stored in a retrieval system or adapted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without written permission. Enquiries should be addressed to Sheridan Coakes Consulting Pty Ltd. iii Department of Agriculture, Fisheries and Forestry June, 2010 Executive Summary The Department of Agriculture Fisheries and Forestry (DAFF) is preparing a Regulation Impact Statement (RIS) to assess the costs and benefits of potential policy options to support the Australian Government’s commitment to combat illegal logging and associated trade. The Centre for International Economics (CIE) prepared a draft RIS in the second half of 2009. The draft RIS acknowledged that assessment of the benefits and costs of policy options should take into account the social costs of illegal logging. The report noted there were “intangible benefits” to Australia of a socio-political nature in pursuing action to restrict imports of illegally logged timber and wood-products. Stakeholder submissions in response to the draft RIS identified a number of concerns, particularly regarding the analysis of the social costs of illegal logging: Australian domestic wood product industry issues Undermining of human rights Political patronage and conflict Intimidation and violence Redistribution of wealth DAFF recognised the need for additional consideration of the moral dimensions of the policy dilemma and this report supplements the draft RIS with a brief analysis of the social costs associated with illegal forest activities in developing countries. This analysis of social costs involved the use of the Five Capitals model of sustainable livelihoods as developed by the UK Department for International Development. The concept treats a community’s social environment as a stock of assets (or forms of capital) on which a community draws to sustain its way of life. This framework helps to illuminate how illegal logging activities can have impacts, not just on incomes and economic assets of affected communities, but on many of the important building blocks of sustainable communities – and outlines how an impact on one form of community asset can have consequent impacts on other forms of community capital. A generic socio-economic profile has been developed to create a snapshot of a typical forest dependent community, identifying the common characteristics of these 1 Department of Agriculture, Fisheries and Forestry June, 2010 communities around the world. The profile was developed using the Five Capitals framework, distinguishing the shared aspects of livelihood for each capital held by the communities. The profile is broad in nature, but creates a useful snapshot when considering the social costs of illegal logging on these communities. Illegal logging and corruption are complex issues. Figure 0.2 in section 1.9 illustrates the interconnected nature of the drivers and impacts of illegal forest activities. Six key social cost themes emerged from the synthesis of the reviewed literature on illegal logging: Exclusion of forest dwellers from areas on which they depend for a livelihood A number of social costs to forest-dependent communities can arise from their exclusion from logged areas. These include displacement from traditional lands, loss of hunting and collecting areas, and diminished access to natural resources and the loss of context in which traditional knowledge is valuable, with its benefit to traditional livelihoods. Changed natural environment from removal of trees Changes to the natural environment through the practice of illegal logging can have far reaching social costs for forest-dependent communities. Such costs include the loss of biodiversity and ecosystem services such as carbon sinks, as well as the loss of genetic material with potential for commercialisation. Other costs associated with a changed natural environment include a loss of protection from extreme weather events, reduced soil and water protection and an increase in pollutants. Commercial distortions Commercial distortions occur when there are “externalities” involved in an activity. Externalities that present costs to forest-dependent communities arise from increased resource wastage, the redistribution of wealth and the competitive disadvantage to legal loggers. Unequal employment opportunities are a reality for forest dependent communities, along with poor recognition of workers’ rights and the reduced incentive for private investment. Transfers of welfare away from the public sector Distribution of benefits (or welfare) from an economic activity are determined by some combination of market forces and public policy. The social costs that arise from transfers of welfare away from the public sector include lower market prices for 2 Department of Agriculture, Fisheries and Forestry June, 2010 timber, a reduction in state taxes and royalties and consequent pressures on service provision, as well as the depreciation of public infrastructure. Violations of human rights The most significant costs to forest-dependent communities that arise from denial of human rights include the disenfranchisement and disempowerment resulting from use of political patronage, intimidation and violence, the use of timber resources to support conflict or persecution and inequity in access to justice for forest dependent communities. Introduction of social pathologies The concept of social pathologies uses a biological metaphor to suggest parts of society, like parts of the body, can suffer breakdown and disease when exposed to something foreign. The social costs to forest-dwelling communities that can result from introduced behaviours include discrimination, violence and disregard for human rights, bribery and the undermining of traditional decision-making structures, prostitution, an increase in sexually transmitted infections, drug use, human trafficking, and organised crime. An examination of illegal logging in light of the six themes identified above highlights the significance of the social impacts that illegal logging can have on forest dependant communities. The social costs have far reaching implications for indigenous and forest-dependent communities around the world. The social costs identified and the discussion of the nature of the impact illegal forest activities have on affected communities presents policy makers with an improved understanding of why there is value to the Australian public in what the CIE found to be ‘intangible benefits’ of taking action to reduce illegal logging. This report aims to inform the preparation of the RIS to examine the costs and benefits of options to achieve the Government’s policy objectives. 3 Department of Agriculture, Fisheries and Forestry June, 2010 Introduction The Department of Agriculture Fisheries and Forestry (DAFF) is preparing a Regulation Impact Statement (RIS) to assess the costs and benefits of potential policy options to support the Australian Government’s commitment to combat illegal logging and associated trade. The Centre for International Economics (CIE) prepared a draft Regulation Impact Statement (RIS) for DAFF that was released for public comment in the second half of 2009. The draft RIS acknowledged that assessment of the benefits and costs of policy options should take into account social costs of illegal logging and recognised the limitations of an economic welfare analysis in supporting the making of an ethical decision. The report noted there were “intangible benefits” to Australia of a sociopolitical nature in pursuing a restriction on illegal timber and wood imports. However, further detail of these intangible benefits was not described. In addition, a number of submissions on the draft RIS pointed to a need for more recognition and analysis of the social costs of illegal logging to inform government decision making. Consequently, in February 2010, DAFF engaged Coakes Consulting to supplement the work of the draft RIS with a brief analysis of the social costs associated with illegal forest activities in developing countries. This report is not a social impact assessment of how the potential policy might affect Australia, nor is it a political analysis any future policy. The objectives of this study were to examine the 18 stakeholder submissions received on the draft RIS, to identify the key social issues of concern to stakeholders, and to develop a literature assessment of social issues associated with illegal logging as experienced in developing countries of interest. 4 Department of Agriculture, Fisheries and Forestry June, 2010 1.1 Illegal Logging Seneca Creek (Seneca Creek, 2004) identified several types of illegal forest activities: Harvesting without authority in designated national parks or forest reserves; Harvesting without or in excess of concession permits; Failing to report harvesting activity to avoid royalty payments or taxes; and Violating international trading agreements such as Convention on International Trade of Endangered Species (CITES). Admittedly, in practice, and in the developing world context in particular, there are challenges defining degrees of legality, particularly where there is a possibility of legality being falsified. Human Rights Watch (2009) illustrates the difficulty in defining legality in a study in Indonesia: “…because the central ministry has little capacity to enforce this change in the field, many local administrations do not respect this restriction on their authority and continue to issue their own permits anyway, thus multiplying the amount of clearcut logging while providing a veneer of apparent legality to what is fundamentally illegal wood.” Defining appropriate legality is clearly difficult, even within the timber-harvesting component of the supply chain. Therefore, to limit ambiguities involved in defining illegal forest activities across the entire wood product supply chain, this report follows the Seneca Creek definition of illegal forest activities and considers only the timberharvesting component. Consequently, the focus of this report is mainly on forest dependent communities who are most affected by illegal harvesting. 5 Department of Agriculture, Fisheries and Forestry June, 2010 Methodology The methodology for the current study is based on secondary data review and key informant interviews. To meet the study objectives, the following chart summarises the methodology employed. Figure 0.1: Methodology Flowchart 6 Department of Agriculture, Fisheries and Forestry June, 2010 The step process was utilised to ensure best use of knowledge acquired in preparation of the draft RIS, to leverage the expertise of Department personnel, and to respond to the timeframe for completion of the RIS. The steps included: Step 1 – the draft RIS was reviewed for its coverage of social issues and to provide the context to understand stakeholder submissions. Step 2 – the 18 stakeholder submissions were examined for identification of social issues and relevant references/resources. Step 3 – DAFF project officers were interviewed for background knowledge and to provide direction on refinement to the scope of the review. Step 4 – comprised a review of key literature/resources identified by DAFF, references provided in the draft RIS and a time-bound review of reports and communication material produced by environmental and human rights organisations, intergovernmental organisations and trade bodies. non-government The documents reviewed are included in Section 7.2 of the appendix. Step 5 – Synthesis of issues raised in the review of literature and systematic consideration of how documented illegal logging practices interact with aspects of livelihoods of forest-dependent communities. In relation to Step 5, the five capitals model or sustainable livelihoods approach (DFID, 1999) has been utilised to document how logging practices interact with aspects of livelihoods of forest-dependent communities. This conceptual framework treats a community’s social environment as a stock of assets (or forms of capital) on which a community draws to sustain its way of life. The framework helps to illuminate how illegal logging activities can have impacts not just on incomes and economic assets of affected communities but on many of the important building blocks of sustainable communities; and crucially, how an impact on one form of community asset can have consequent impacts on other forms of community capital. In the model, there are five types of sustainable capital: Natural Economic Physical Human Social 7 Department of Agriculture, Fisheries and Forestry June, 2010 Figure 0.2 illustrates some of the key community assets that make up each of the capitals, with further detail provided on each capital area. Figure 0.2: Elements of the five capital areas Source: Coakes Consulting, 2009 8 Department of Agriculture, Fisheries and Forestry 1.1.1 June, 2010 Natural Capital Natural capital, or environmental assets, is any stock or natural resource such as oceans, forests, oil and gas, or agricultural land that has inherent value or generates sustainable economic and commercial activities. Relevant natural capital provided by forests includes the ecosystem services (such as pollination, water filtration and earth stabilisation) as well as food sources and wood (for construction of dwellings/means of transport or for trade). In the case of forest communities, access to resources from forest management areas is crucial for ongoing industry sustainability. 1.1.2 Economic Capital Economic capital is defined as the extent of financial or economic resources within a town or community. The status of a community’s economic resources has significant implications in relation to its resilience and adaptive capacity. For instance, a community lacking in economic capital and which is also predominantly reliant on a specific industry sector such as forestry, is likely to be more vulnerable to change and consequently more likely to experience greater difficulties in adapting to such changes. 1.1.3 Physical Capital Physical capital is broadly defined as a community’s built infrastructure and services. This may include social infrastructure (e.g., hospitals, schools) as well as soft infrastructure / service provision (e.g., health care, aged care, child care). A sound level of physical capital is important in supporting optimisation of a community’s other key capital areas. 1.1.4 Human Capital Human capital refers to the health and welfare of human beings, their knowledge and skills, as well as their overall capacities to contribute to ongoing community sustainability. 1.1.5 Social Capital When assessing interaction of particular activities (such as logging) with how a community functions, it is also important to consider how individuals, groups, organisations and institutions within a community interact and co-operate. Social capital is a multi-faceted concept that is broadly defined as the dynamics and strength of relationships and / or interactions within a given community. Social 9 Department of Agriculture, Fisheries and Forestry June, 2010 capital may be referred to as the degree of social cohesion and inter-connectedness between community members. Matrices were developed to illustrate the clusters and differences of issues raised by stakeholders (Matrix 1); and to illustrate how the social costs of illegal practices affect the various capitals (Matrix 2). To expand on these relationships, a conceptual chart was prepared to illustrate the interconnected relationship between the key drivers of illegal logging and the impacts on the livelihoods of forest-dependent communities. 10 Department of Agriculture, Fisheries and Forestry June, 2010 Definition of Forest Dependent Communities The term forest-dependent can have broad meaning, usually referring to the economic ties of the community including recreation and amenities as well as infrastructure, to the local living traditions and sense of place. Mishra et al (2008) estimated that 250 million people belong to indigenous cultures across 70 countries, collecting the majority of their food sources from hunting and agricultural methods. Forest dependent communities exist around the world in many countries and vary in complexity and relationship to forest environments. However, similarities do exist amongst forest-dependent communities and generalisations can be made that are likely to apply to many. The five capitals model allows a snapshot of forest-dependent communities to be developed, capturing the typical aspects of livelihood common to those communities. 1.2 Natural Capital Many forest dependent communities are rich in natural capital. The rich natural capital of these communities supports their livelihoods across all of the five capital areas. The following aspects of livelihood highlight the common characteristics and attributes of the natural capital of forest dependent communities. Wood can be used in tools and hunting implements and can be valued of itself for construction, a means of transport (canoes, carts) or can be traded. Food resources can include forest flora (nuts, fruit, roots). The natural capital of the forest includes wildlife (fishing and hunting) and products of animals (such as honey and skins). Often rich in biodiversity, forest dependent communities utilise the ecosystems for their livelihoods. Flora and fauna can be used for sustenance, medicine or clothing purposes, and also creates economic opportunities for trade and profit. Land tenure is often undefined in forest-dependent communities particularly in developing nations, where customary and traditional land tenure rights are often at odds with contemporary and legal definitions of land tenure. This leads to uncertainty and at times, poor standards of forest resources management by governments and logging companies, both legal and illegal. Even when land tenure is defined, 11 Department of Agriculture, Fisheries and Forestry June, 2010 neighbouring communities will access the forest for food, medicine and other resources. For example, an Indian socio-economic and socio-ecological study into the Sambalpur Forest Division in Orissa (Mishra et al, 2008) found that 22 per cent of the sample study respondents were considered landless, yet still dependent on forests for their livelihood. 1.3 Economic Capital Economic capital is the stock of financial wealth (savings) and income available to a community. Forest dependant communities are likely to have relatively fewer sources of income and poorly diversified stocks of wealth and this can create vulnerabilities in responding to change in economic circumstances, such as those resulting from illegal logging. A Canadian study into the Boreal forest region (Patriquin et al, 2007) found that unemployment and poverty rates are consistently high with family incomes continuing to fall behind communities beyond the Boreal region who are not forestdependent. 1.4 Human Capital Forest dependent communities are more common in developing countries, where the general health and education levels are poorer than those of developed countries and communities. The following aspects of livelihood are common human capital characteristics of forest dependent communities. Poor and landless people are often highly dependent on the forest for nutritional purposes. Local people use the forest to meet household needs relating to food and medicine. Community health of forest dependent communities is also dependent on the public finances of a community, which will generally be lower than mainstream, well represented communities. The lack of public health infrastructure leads to lower levels of community health. A lack of public infrastructure such as educational facilities is a common characteristic of forest dependent communities, contributing to lower levels of education and training, impacting upon employment opportunities when they arise. 12 Department of Agriculture, Fisheries and Forestry June, 2010 The distance of communities from the nearest school, as well as poverty and lack of educational opportunity may result in greater vulnerability to change. The levels of knowledge and intellectual property will be relatively low in forest dependent communities, stemming from the lack of education facilities and opportunities. However, often indigenous communities dependent on the forest maintain strong cultural and traditional knowledge. 1.5 Physical Capital Forest dependent communities are often poorer in physical infrastructure and receive fewer services often reliant on forest resources for shelter. Information and communication services and infrastructure for forest dependent communities are generally poorer in remote areas. This can impact upon education levels and a community’s ability to rise out of poverty. Access to clean water will typically be lower in remote areas and communities will tend to rely on natural processes and traditional water collection methods creating vulnerability which can impact upon the health of communities. 1.6 Social Capital The following aspects of livelihoods are common social capital characteristics of forest dependent communities. Forest dependent communities often have strong cultural identities and heritage, closely linked with the forest and natural environment. Landmarks and relevant features of the landscape can hold cultural and spiritual importance to communities. 13 Department of Agriculture, Fisheries and Forestry June, 2010 Review Findings A selected literature review was the basis for the analysis of the costs of illegal logging to forest communities in source countries. This section draws out the relevant points made by each group of documents examined. 1.7 Draft Regulatory Impact Statement The draft RIS provided a benefit and cost analysis and found there to be an overall net cost for unilaterally implementing import restriction and product disclosure – mainly due to imports to Australia representing a very small fraction of the international timber trade. The scope of the cost-benefit analysis specifically excluded the quantification of several intangible benefits. The intangible benefits identified in the draft RIS included the following: Australia providing a role model to other trading partners; Australia ‘sending a message’ to trading partners that they should also invest in measures to curb illegal logging, with the initiative could be seen as a step towards more effective national and multilateral moves to improve the sustainability of all logging - legal or illegal; A sense of morality for those Australians concerned about the issue; A stronger position for Australia to negotiate international actions if the country is not seen to be benefitting from illegal or unsustainable behaviour in other countries; and Maintenance of existence values such as people gaining benefits from knowing the forests in other countries are not illegally logged. 1.8 Stakeholder Submissions The key social costs and issues raised in the stakeholder submissions were impacts that related to the forest industry and consumers within Australia, and the undermining of human rights in foreign countries. Other social costs and issues raised included displacement of Indigenous communities from traditional lands and loss of ecosystem and hunting grounds. 14 Department of Agriculture, Fisheries and Forestry June, 2010 The most frequent social costs identified across the submissions included: Domestic issues Undermining of human rights Political patronage and conflict Intimidation and violence Redistribution of wealth, Typically, organisations involved in production and trade of wood products in Australia were concerned not only about the domestic cost burden of compliance relative to effectiveness but also about the condition and exploitation of developing world forest communities. Non-government organisations submissions tended to focus on limitations in the treatment in the draft RIS of the environmental and human rights costs of deforestation and corruption associated with the logging industry in developing countries. The social costs of illegal logging identified in the stakeholder submissions are summarised in Figure 0.1 and are further described across specific stakeholders in appendix 7.1. The viewpoints identified in Figure 0.1 are not necessarily indicative of overall stance of stakeholders, but instead, reflects the issues specifically identified in the submissions received by the CIE in response to the draft RIS. 15 Department of Agriculture, Fisheries and Forestry June, 2010 Figure 0.1: Matrix 1 16 Department of Agriculture, Fisheries and Forestry June, 2010 1.9 Summary of Selected Literature Review A review of key literature highlighted by DAFF established the following: Much of the literature is concerned with establishing the extent of illegal forest activities, the commercial value of illegal production and the economic welfare costs of illegal logging activities avoiding royalties and taxes; Discussion of the social costs of illegal forest activities is frequently linked to the social and environmental degradation costs of legal logging – partly due to the difficulty in distinguishing between legal and illicit activities. References provided by the CIE draft RIS and selected campaign groups/nongovernment organisations and industry association materials tended to be rich in the discussion of contextual issues (such as the nature of corruption and even specific mechanisms whereby corruption arises in the wood product industry in specific countries). However, they provided little insight into the social costs of illegal logging on forest-dependent communities. The interconnected nature of the drivers of illegal forest activities and the interconnectivity of the impacts of these activities are illustrated schematically in Figure 0.2. 17 Department of Agriculture, Fisheries and Forestry June, 2010 Figure 0.2: Interconnectivity Analysis of Drivers and Impacts of Illegal logging practices 18 Department of Agriculture, Fisheries and Forestry June, 2010 Six social cost themes emerged from the synthesis of the reviewed literature. These are: Exclusion of forest dwellers from areas on which they depend for a livelihood; Changed natural environment from removal of trees; Commercial distortions; Transfers of welfare away from the public sector; Violations of human rights; Introduction of social pathologies. The relationship between these social costs and the affected parts of developing world livelihoods are further summarised in Figure 0.3. 19 Department of Agriculture, Fisheries and Forestry June, 2010 Figure 0.3: Matrix 2 20 Department of Agriculture, Fisheries and Forestry 1.9.1 June, 2010 Exclusion of Forest Dwellers from Traditional Areas The legal zoning of forest areas for logging can be a suspicious activity in itself. Authorities can zone unsustainable yields in national or regional plans possibly due to a combination of factors including poor natural resource management capacity and corruption. Exclusion from certain forest resources can also occur through illegal occupation by logging operators, often actively facilitated by corruption within administrative government, police and the military. Costs to forest-dependent communities that arise from exclusion from logged areas include: Displacement from traditional lands Loss of hunting / collecting areas Loss of biofuel sources Loss of the context in which traditional knowledge is valuable (and hence its loss of benefit to traditional livelihoods) Displacement from traditional lands can mean forest-dwellers are denied customary access to wood products for fuel, art, shelter or trade. It can mean reduced or denied access to hunting and non-wood forest product (eg honey, nuts, berries, beeswax, bush meat, manure and medicines), collection areas and ecosystem services (such as access to clean water and flora/crop pollination). Reduced access to wood produce can in turn affect incomes (if wood surplus to sustenance is traded) and denial of tenure effectively reduces the wealth of forestdwellers that is stored in their access to natural products. Even if compensation is provided (by resettlement or some other mechanisms), there is likely to be an intergenerational transfer of wealth as a sustainable store of wealth is foregone for shorter-term gains. There are impacts on health resulting from exclusion from important forest areas. Reduced access to foodstuffs affects nutrition and changes to water access / wastewater disposal and to traditional medicines can affect public health in communities. 21 Department of Agriculture, Fisheries and Forestry June, 2010 Displacement to impaired land can lead to communities subsisting on marginal agricultural areas or moving closer to the source of potential disease, for example, closer to the habitats of mosquitoes with potential to be a vector for disease. Traditional knowledge and skills will tend to be less valuable if communities are denied access to traditional places and resources – the context in which the knowledge exists. Moreover, collective community knowledge (i.e. regarding groundwater flows, weather patterns or geological features) is sometimes obtained by loggers without payment for the benefits that such knowledge brings in managing logging operations. Intellectual property rights to traditional knowledge are an increasingly important livelihood issue for remote communities. Forest-dependent communities’ stocks of physical capital can be impacted by exclusion, in that homes may be destroyed by loggers’ intimidation or community relocation. Archived media reports hosted by the Chatham House project (illegallogging.info, nd) contain numerous reports of intimidatory behaviour such as violence against protesters, destruction of their homes and influencing police to silence critics of the logging. Materials for traditional forms of shelter may not be accessible or new skills may be required to construct dwellings in areas to which communities are relocated. Physical relocation or severance to customary routes can frustrate traditional exchanges (including trade) and communication, and so further marginalise indigenous people from decision-making processes. Displacement from traditional lands can also have important socio-cultural and economic costs to the social capital of a community, for example, cultural practices and spiritual beliefs are often closely tied to the physical character of the forest. In some societies for example, shamans are believed to be messengers between the natural world and spirit worlds. Community perceptions of a shaman’s ability to communicate with sprits and utilise forest products – essentially their connection to place - can be a source of healing. Specific places can hold significance as sites of origin myths, group history, ceremonies (including burial) and other practices (such as cultural initiations). Denied access to these areas can have profound costs on the cultural life of these communities and on their continued cohesion/sustainability. 22 Department of Agriculture, Fisheries and Forestry June, 2010 Exclusion and/or relocation and changes to traditional land tenure systems and livelihoods can have profound effects on social organisation and power relations within a community. The potential of a community to demonstrate leadership and its collective sense of purpose (sometimes referred to as “strategic capital”) can be adversely affected by such changes. Perceptions of how benefits from illegal logging are distributed across the community bear associated impacts which affect social cohesion. Greenpeace (2010) relates the view of Brian Baring, one of the Gingilang clan in Papua: “The logging companies create tension amongst our people. Some people take the temptation to earn money but the money never comes back to everyone.” Such issues of equity and procedural fairness can create or amplify fault lines in the community exposing division along family, craft/occupation, and caste, tribal or ethnic lines. 1.9.2 Changed Natural Environment Legal logging results in changes in the natural environment that may or may not be sustainable depending upon the natural resource management regime in place. However, illegal logging has been characterised as taking place in national parks and other reserves that, although having theoretical protection because they are vulnerable, are often exploited nonetheless. Furthermore, illegal logging will have less oversight by forest management authorities and uncertain tenure will tend to discourage investment in environmental management infrastructure. Human Rights Watch (2009) identified perverse incentives to the forest industry that can result in environmental degradation, as has occurred in Indonesia. In one instance, provincially issued permits, which were designed to limit a single operator’s logging area to 100 hectares, were repeatedly issued, effectively permitting logging companies to harvest contiguous blocks of forest beyond the intended limit. This allowed these companies to clear larger areas, whilst bypassing national permitting processes usually required for large operations. A cycle of corruption followed with loggers continually paying bribes to avoid obtaining proper licenses. It was also noted that often, district parliaments would regulate to tax illegally harvested wood, rather than attempt to halt illegal logging. 23 Department of Agriculture, Fisheries and Forestry June, 2010 These changes to the natural environment have social costs; the costs to forestdependent communities that arise from changes to the natural environment include: Loss of biodiversity Loss of genetic material with potential for commercialisation Loss of eco-system services and sinks Reduced extreme weather protection Reduced soil and water protection Increase in pollutants Loss of biodiversity from destruction of habitat affects stocks of natural capital available to communities by reducing the abundance of wood and non-wood forest products. The direct social cost is in reduced access to foodstuffs but an indirect and potentially longer-term impact is a loss of genetic material with research values or commercial application in advanced applied biology (such as western medicine or in agriculture) or other as yet poorly defined technologies. Traditional owners of affected land might otherwise reasonably expect to benefit from exploitation of unique genetic material. Eco-system services are either: Provisioning – production of food or water Regulating – control of climate or disease Supporting – such as nutrient cycles Cultural – spiritual or recreational benefits Loss of eco-system services can mean social costs from reduced effectiveness or loss of: Drinking water filtration through wetlands and other ecosystems Waste water treatment Decomposition of wastes Reduced pollination Reduced air filtration (and subsequent loss of carbon sink potential) Reduced soil and groundwater protection with risks of erosion and landslides Reduced coastal protection Reduced protection from extreme weather events The reduction of these natural capital assets has an effect on human capital assets, particularly nutrition, public health and traditional knowledge. 24 Department of Agriculture, Fisheries and Forestry June, 2010 Changes to the environment include not just reduction of forested areas but also the environmental management practices of logging operations. The Chatham House supported web project (www.illlegal-logging.info, Chatham House, undated) illustrated how changed tenure and poor environmental management by loggers impacts upon health in PNG, through National Intelligence Organisation reports that people died after drinking water from the Karoa River following the dumping of fuel drums. Others reportedly fell ill when fuel and industrial waster were dumped in the Purari River. A changed natural environment reduces the economic capital base of forest dwelling communities due to reduced biodiversity and reduced ecological function. Immediate surplus-trading incomes are also potentially reduced, as is the earning potential of future generations. Illegal logging may lead to underpayment of royalties to traditional land owners, who in turn can not earn money through legal logging activities of already harvested forests. Where genetic material is lost, this may be a cost to the whole of the producing country through lost economic growth – effectively a transfer of wealth from governments to the illegal loggers. Progressive legal timber operations are more likely to manage impacts of operations and implement community development projects such as the construction of infrastructure for communities, whereas illegal operators are less likely to do so. The collected wealth of communities (animal stock, possessions, homes, tools, weapons, jewellery) can be reduced in value due to extreme weather events including landslides and floods, due to the loss of protection from illegally harvested forests. (European Commission, 2008). Similarly, extreme weather events can affect community infrastructure such as health posts, school buildings, roads, water sources and waste management facilities. In turn, damage to such facilities can reduce a community’s stock of human capital so that health and education outcomes suffer. Cultural assets, including ceremonial places (such as burial grounds), can be affected by changed environment including clearing/excavation, changed landscape character and extreme weather events. 1.9.3 Commercial Distortions Commercial distortions occur when there are ’externalities’ involved in an activity. Illegal logging activity has costs and benefits not reflected in market prices – 25 Department of Agriculture, Fisheries and Forestry ’externalities‘ June, 2010 Much of the literature reviewed (for example Seneca Creek, 2004) focuses on the size of economic distortions and (for example, ARD, 2003) ‘rentseeking behaviour’ and corrupt practices. Externalities that present costs to forest-dependent communities arise from: Increased resource wastage Redistribution of wealth Competitive disadvantage of legal loggers Unequal opportunity for employment Poor recognition of workers’ rights Reduced incentive for private investment Illegal logging can result in inefficient use of forest resources. Practices include logging in the most accessible areas of forests thereby avoiding costs associated with less accessible areas. In comparison, legal logging may involve logging whole areas incurring higher average costs across a permit area. The effect can be that some timber resources are ‘stranded’ being uncommercial to harvest. This practice, even if legally permitted, can affect public finances through reduced royalties. Legal logging operators are placed in a position of competitive disadvantage to illegal operators due to the cost of legitimate operational requirements and revenues payable to governments. As noted by the submission from the Uniting Church (2009), there is effectively a transfer of income from legal loggers to illegal actors. Such anticompetitive pressures will tend to undermine industry efficiency and put cost pressures on legitimate businesses that may reduce employment outcomes and put downward pressure on real wages. In such an environment, management commitment to anti-discriminatory employment practices may waiver resulting in unequal employment and contracting opportunities. The most marginalised and least skilled in the potential labour pool, and most likely to experience discrimination, can be indigenous people. Reduced employment and on the job training will tend to erode skills and technical knowledge and thus undermine a community’s stocks of human capital. Poor safety culture can lead to serious injury and death. Progressive legal operations are also more likely to seek free, prior and informed consent for proposals from indigenous peoples. 1.9.4 Transfers of Welfare Away from the Public Sector Distribution of benefits (or welfare) from an economic activity are determined by some combination of market forces and public policy. When markets fail to allocate 26 Department of Agriculture, Fisheries and Forestry June, 2010 benefits according to legitimate value adding and when the intent of public policy is frustrated by corrupt practices, the distribution of welfare can be inequitable. The World Bank Forest Sourcebook (2008) found that illegal logging in public lands can alone result in potential losses in assets and revenue in excess of US$10 billion per year, while governments can lose up to US$5 billion per year from tax evasion and royalties owing on otherwise legally sanctioned logging. Seneca Creek (2004) documented the endemic nature of corruption in many developing countries, and mechanisms and parties to corruption across a number of countries. They found that illegal logging in Indonesia can generally be attributed to local people and log brokers receiving protection from local security officials, district government officials approving logging licenses which are in fact illegal under national law, and national forestry units who log illegally. GRID-Arendal, a collaboration centre of the United Nations Environment Program reported the findings of Indonesia NGO Telapak of how the middlemen are the most profitable in illegal logging. While forest dependent community members involved in illegal logging gangs will receive just US$2.20 per m 3 of timber, at the same time, brokers receive US$160 per m3, whilst Singaporean based exporters of sawn Indonesian hardwood charge US$800 per m3 to ship to western markets. Social costs that arise from transfers of welfare away from the public sector include: Lower market prices for timber Reduced state taxes and royalties and consequent pressures on service provision Depreciation of public infrastructure. The literature on the cost of suspect logging to public finances is extensive. Corruption, including bribery, is a central theme. Revenues to government are lower than would otherwise be the case when: Volumes of harvested wood are under-reported More wood is harvested than is permitted Suspect timber (produced with lower costs than legitimate sources) is discounted in price (reflecting some risk to purchasers) and places downward pressure on market prices for legitimately taxed product 27 Department of Agriculture, Fisheries and Forestry June, 2010 Prices are held artificially low (for example, by ‘rigged’ auctions or transfer pricing within transnational corporations) Royalties and fees are not paid Royalties are erroneously calculated using unrealistic market log prices or exchange rates Inefficient or misguided subsidies are paid for forestry activities Human Rights Watch (2009) provides an indication of the magnitude of bribes involved in smuggling of wood from Ketapany, Indonesia to Sarawak, Malaysia, reporting that up to US$500,000 in bribes can exchange hands per day to allow the smuggling of wood worth up to US$6.6 million. The bribes represent just eight per cent of the total value of the wood compared to the 15 per cent that would be paid in government fees for legally harvest wood. An effect of reduced revenues is a transfer of wealth from the population as a whole (represented by public sector finances) to elites involved in illegal production/export and ultimately to buyers in export markets (including Australia). The social cost to forest-dwelling communities, as well as other communities, can be reduced service provision and higher levels of poverty than would otherwise be the case. Such relative disadvantage can affect community cohesion and lead to conflict between sections of the community over control of timber resources such as that characterised by Thomson and Kannan (2004) as Type 2 timber conflict. Thompson and Kannan characterise two types of conflict around timber resources: Type 1 conflicts are funded by sales of forestry resources; Type 2 is conflict due to competition for controls of forestry resources. The social costs of intimidation, violence and war can be horrific. Illegal loggers are less likely to make appropriate contributions to provision of industry and community infrastructure though payment of taxes and charges. When illegal logging activities use public assets (such as access roads, railways and ports) these assets depreciate (with ‘wear and tear’). This asset depreciation represents a further shift of wealth from the public sector and legitimate producers to beneficiaries of illegal logging activity. Illegal loggers also gain a ‘free ride’ on other public infrastructure and programs that have ‘public good’ qualities such as mosquito eradication programs, law and order services and export promotion services. Indeed, illegal loggers are able to extract much more value from some services 28 Department of Agriculture, Fisheries and Forestry June, 2010 through corruption - such as the use of police and military services for private security and intimidation (World Bank Forest Source Book, 2008). The transfer of wealth away from the public sector has funding implications for core public services including health and education adversely affecting communities’ stocks of human capital. A reduction in state revenues can lead to the breakdown of physical capital assets. Human Rights Watch (2009) cites estimates of a US$2 billion annual loss as being equal to the amount World Bank health experts estimate would be sufficient to provide a package of basic health care benefits to 100 million of the nation’s poorest citizens for almost two years. Bribery can have a profound effect on how a community perceives its ability to influence it future. The effect can be extremely disempowering and affect both the degree of cohesion in the community (especially when some members obtain some benefit from illegal logging, such as employment) and its sense of identity and difference. 1.9.5 Violation of Human Rights Human rights are variously interpreted in different jurisdictions; however, widely understood principles are contained in the Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948. Perhaps more relevant to the context of illegal logging is the 2007 General Assembly resolution 61/295, United Nations Declaration of the Rights of Indigenous Peoples and in particular, Article 10: “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” Other important human rights declared by this resolution include: Freedom from discriminatory treatment Liberty and security of person Freedom to cultural, spiritual, health and cultural practices including languages, traditional education, and media Equal access under employment laws Participation in decision-making that affects rights and development Secure enjoyment of the means of sustenance including spiritual connection to traditional lands 29 Department of Agriculture, Fisheries and Forestry June, 2010 Process to give due recognition of traditional law, traditions, customs and land tenure systems Protection of the environment and productive capacity of traditional lands Access to dispute resolution and justice systems Where these rights conflict with the interest of logging operations, human rights can be impaired and where indigenous people are disadvantaged in accessing the justice system, the impairment of rights may be sustained in the long-term. The World Bank Forest Sourcebook highlights an important issue: “Some countries regulate forest use based on the attitudes and values of the mainstream culture in ways that do not accommodate traditional uses by Indigenous Peoples. Typical issues of contention include communal ownership, recognition or non-recognition of sacred sites in forest areas, regulation or prohibition of hunting and prohibition of shifting cultivation.” Legal logging is not free of human rights violations. Much of the human rights- focused literature reviewed for this report did not discriminate between legal logging and illegal logging effects on human rights when describing the existing situation of forest-dwelling communities. Indeed, the legality of treatment of indigenous people is part of the complex definition of legal and illegal logging. However, distinctions are made between legal logging and illegal logging with respect to the order of magnitude of human rights violations. The most significant costs to forest-dependent communities that arise from denial of human rights include: Disenfranchisement and disempowerment resulting from use of political patronage Intimidation and violence Use of timber resources to support conflict or persecution Inequity in access to justice Without alternative livelihoods, loss of tenure impoverishes communities with impacts on incomes/wealth and health which effectively limits their right to equitable and culturally appropriate development. Though forest-dependent communities are sometimes involved as labour in illegal logging, they are often marginalised when these employment opportunities arise. Illegal logging can impact on the already low socio-economic levels of forest- 30 Department of Agriculture, Fisheries and Forestry June, 2010 dependent communities, further affecting education and training levels and impacting on employment opportunities. Given the complexity of securing access to logging areas, the capital equipment required and the requirement to access ports, Illegal logging activities are often sustained through corruption of officials. In relation to conflict timber, Thomson and Kannan (2004) state, “Governments are almost always complicit in conflict timber activities”. In addition to the discussed transfer of welfare effects, social costs arise due to the centralisation of political influence and executive power. Corruption and centralised decision-making can affect virtually any aspect of a community’s livelihood. Revenues from illegal logging are used to fund election campaigns and successful candidates then reward logging operators with timber concession on favourable terms, strengthening the grip of elites on decision-making and over-riding the rights of forest-dwelling communities. The right to be consulted is not respected, contributing to an environment where other basic human rights are ignored. Human Rights Watch (2009) illustrated how corruption and illegal logging revenues can entrench political elites, noting that in Indonesia, those controlling government revenue from the forests would use the funds to maintain patronage networks. For example, they claim that billions of dollars from the ‘Restoration Fund’ was used for non-forestry development projects by former President Soeharto. Human Rights Watch also highlighted that in 1998 an audit of forestry taxes in the Reforestation Fund discovered up to $5.2 billion was lost in the previous five years to corruption (including inflated budgets and overstating areas to be planted), inefficiency, and tax evasion involving companies owned by President Soeharto’s close associates and family members. In Indonesia for example, Human Rights Watch (2009) believes ‘the ability of citizens to hold the government accountable is curtailed by a lack of access to public information’. Effective control over contentious situations is often affected by corrupt use of the police and security force powers. This can take the form of intimidation or actual violence by bribed agents of the executive arm of governments against forestdwellers, government workers, campaign groups or the media (Bulkan and Palmer, 31 Department of Agriculture, Fisheries and Forestry 2008). June, 2010 AIDESEP (2007) reports on conflict between illegal loggers and indigenous people in Peru: “Every year, AIDESEP receives reports about killings perpetrated against the isolated indigenous people. Since 2002, four violent encounters were reported in the area of the Territorial Reserve Madre de Dios, along the Piedras River, with the death of people on both sides”. Illegal logging operations have benefited from corruption of the justice system by the bribing of state prosecutors to drop prosecutions and appeals, or by influencing judges. It appears powerful intermediaries are more likely to escape conviction and there have been cases of indigenous people involved in basic labouring jobs being prosecuted and incarcerated. Human Rights Watch (2009) provides a summary: “Indonesian Corruption Watch reports that of the 205 logging cases they monitored between 2005-2008, 156 of the prosecutions (76 per cent) were against low-level labourers. Of the 49 cases against government officials or high-level businesspersons, 35 (71 per cent) were acquitted. Of the 14 highlevel actors who were convicted, nine received sentences of two years or less”. The Chatham House project, ‘illegal logging.info’ (nd) relates how forest-dwellers can be victims of the justice system and illegal logging, noting that poor communities can be the first to be accused of illegal logging as police and forestry officers are reluctant to accuse armed and powerful actors. The costs of complying with complex forestry regulations can lead to the criminalising of traditional people. 4.3.6 Introduction of Social Pathologies The concept of social pathologies uses a biological metaphor to suggest parts of society, likes parts of the body, can suffer breakdown and disease when exposed to something foreign. Social problems can arise as a result of dysfunction of a society which are much larger than the initial externally imposed change – in this case the actions of the loggers and in particular, temporary or introduced workforces. The social costs to forest-dwelling communities that can result from introduced behaviours include: Discrimination, violence and disregard for human rights Bribery and the undermining of traditional decision-making structures Prostitution and exploitation of sex workers 32 Department of Agriculture, Fisheries and Forestry June, 2010 Increase in sexually transmitted infections Illicit drug use and establishment of drug supply networks Alcohol use and abuse Gambling Human trafficking Money laundering Some of these costs result from legitimate logging operations, but are likely to be more pronounced in operations controlled by criminal networks, where workforce management practices are not as well developed. Opening up of new areas to logging and creation of access roads can accelerate the exposure of forest-dwellers to outside influences and erode cultural identity through the introduction of drugs, alcohol and other social ills. Workers without a connection to a place or knowledge about their environment tend not to treat that place with the same respect as indigenous people. Social costs to natural capital include degradation of the environment such as pollution. Greenpeace (2010) has documented short case studies including the story of Brian Baring: ‘Brian Baring grew up in a traditional village in Papua New Guinea as one of the Gingilang clan, of the Borong tribe: “I have seen our forests destroyed by foreign companies. They don't respect us or our culture or our sacred sites. They run over our food gardens with their machinery and drive their trucks and bulldozers through our streams, polluting them with oil and mud. The loggers simply take the trees they want ...In the process, they destroy much more of the forest...There are areas of bare land and grassland where there used to be forests. My uncle tells me that the hunting is not so good anymore, that the animals have gone”. A culture of discrimination in employment, non-compliance with employment and health and safety laws, increased gambling, and drug use can affect household wealth in communities but conversely can marginally increase government tax revenue and unreported income from illicit sources. 33 Department of Agriculture, Fisheries and Forestry June, 2010 Bribery can drive the cutting of corners in environmental management or occupational safety, while the costs to health and human capital include the spread of disease and the burdening of pubic health services. Finally, an influx of workers can also make additional demands on existing community infrastructure and services such as community health posts with a consequent reduction in service delivery for the indigenous community. 34 Department of Agriculture, Fisheries and Forestry June, 2010 1.10 Study Limitations and Directions for Further Analysis There are a number of limitations to the preceding analysis: High-level and context-free The preceding analysis has canvassed the diverse nature of potential social costs of illegal logging across the whole of the developing world. Clearly, costs will differ widely from country to country and from region to region within developing countries. A sound understanding of specific illegal forest activities in an area and knowledge of the affected people and their livelihoods would allow for a specific analysis of the social costs in an area. Costs of policy intervention The analysis task was to illustrate the social issues and detrimental effects of illegal forest activities on forest-dependent communities. There may be some benefits to such people from current illegal logging practices, such as short-term employment in logging operations or individuals benefitting from corrupt payments. However, given the scale of costs as outlined in this report, not only on forest-dependant communities but on societies as a whole the social costs of illegal logging far outweigh any short term benefits derived from illegal operations. Supply chain This analysis is limited to an examination of illegal activities most closely associated with irregular harvesting of timber. It is not concerned with transport/shipping, timber trade, wood processing/manufacturing or manufacturing of products containing wood. Neither does the scope include supply of inputs to harvesting activities. Other social costs will occur elsewhere in supply chains involving suspect timber. Australia Some stakeholders have asserted an import restriction regulation will have adverse social impacts in Australia. This review has not assessed social changes within Australia as a result of any policy actions. 35 Department of Agriculture, Fisheries and Forestry June, 2010 Conclusion Economic welfare analysis (such as that which forms the core of CIE’s draft RIS) is limited in its ability to support decision-making on matters that many stakeholder see as moral and leadership issues. Indeed, the mere attempt to monetarily quantify the costs and benefits of difficult moral issues can be offensive to some stakeholders. Hence, consideration is being given to some of the social costs associated with illegal forest activities. This report summarises the nature of illegal logging and the social costs that result on forest-dependent peoples. It does not attempt to quantify the extent of such problems or provide political analysis. The basis of this review of social costs of illegal forest activities is consideration of the range of stakeholder submissions received on the draft RIS and a select review of key literature. Six social cost themes emerge from the synthesis of the entire reviewed literature. These are: Exclusion of forest dwellers from areas on which they depend for a livelihood; Changed natural environment from removal of trees; Commercial distortions; Transfers of welfare away from the public sector; Violations of human rights; Introduction of social pathologies. It is important to analyse the social costs of illegal logging, as they have far reaching implications for indigenous and forest-dependent communities around the world, as well as in Australia. An examination of illegal logging in light of these themes identified the significance of the social impacts the illegal logging can have on forest dependant communities. 36 Department of Agriculture, Fisheries and Forestry June, 2010 The social costs identified and the discussion of the nature of the impact illegal forest activities have on affected communities presents policy makers with an improved understanding of why there is value to the Australian public in what CIE found to be ‘intangible benefits’ of taking action to reduce illegal logging. Understanding how large this benefit is would require specific fieldwork and even then, it may be challenging to quantify full costs and benefits. Even if the values to Australians are known and affect the cost benefit analysis, there is no escaping the key driver of policy in this area being the welfare of overseas citizens – it is essentially a moral question. Some other important policy questions with respect to the social costs of illegal logging include: What would be the costs to forest-dependent communities of ending illegal logging activity and what support would need to be put in place during a transition? What drivers of behaviour, structural reform and executive action need to be addressed in supply chains to change culture towards facilitation payments and promote good governance? What social costs exist elsewhere in the supply chains of manufactured products containing wood? What would be the social impacts in Australia associated with compliance? Is there value in undertaking survey and/or economic analysis of Australian’s willingness to pay for certified products or will such findings cloud what is essentially a moral, political question? How much global action could be encouraged by an Australian commitment to proactive action to reduce illegal logging? 37 Department of Agriculture, Fisheries and Forestry June, 2010 References AIDESEP 2007, Illegal logging and international trade in mahogany, National Association of Amazon Indians in Peru, Santa Catalina-La Victoria, Peru, viewed March 2010, <http://www.illegal-logging.info/uploads/Mahogany_reportEng.pdf> Australian Forest Growers 2009, AFG Submission on the Regulatory Impact Statement: Proposed new policy on illegally logged timber, Braddon, ACT, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/5%20%20Australian%20Forest%20Growers.pdf> Australian Plantation Products & Paper Industry Council 2009, Submission on the draft Regulatory Impact Statement (RIS) – Proposed new policy on illegally logged timber, Braddon, ACT, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/9%20%20Australian%20Plantation%20Products%20and%20Paper%20Industry%20Council.pdf > Australian Timber Importers Federation Inc 2009, Submission on regulatory Impact Statement: Proposed new policy on legally logged timber, Potts Point, NSW, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/1%20%20Australian%20Timber%20Importers%20Federation.pdf> Australian Window Association 2009, Submission to the Centre for International Economics on the Response to the Consultation Regulation Impact Statement – Proposed new policy on illegally logged timber, East Melbourne, Victoria, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/10%20%20Australian%20Window%20Association.pdf> Black, A & Hughes, P 2001, The identification and analysis of community strength and outcomes, prepared for the Department of Family and Community Services. 38 Department of Agriculture, Fisheries and Forestry June, 2010 Bulkan, J, & Palmer, J 2008, Breaking the rings of forest corruption: Steps towards, Illegal Logging Info, Chatham House, London, UK, viewed March 2010, <http://www.illegal-logging.info/uploads/BulkanPalmer2008.pdf> Construction Forestry Mining Energy Union 2009, Re: CFMEU FFPD submission commenting on the draft Regulation Impact Statement on illegal logging, Forestry & Furnishing Products Division, National Office, West Melbourne, Victoria, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/18%20%20CFMEU%20submission.pdf> Decorative Wood Veneers Association 2009, RIS Proposed policy on illegally logged timber, Wetherll Park, NSW, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/13%20%20Decorative%20Wood%20Veneers%20Association.pdf> Department of Infrastructure, Energy and Resources 2009, Re: Draft Regulatory Impact Statement – Proposed new policy on illegally logged timber, Office of the Secretary, Hobart, Tasmania, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/11%20%20Dept%20of%20Infrastructure,%20Energy%20and%20Resources,%20Tas.pdf> Department for International Development (DFID) 1999, Sustainable livelihoods guidance sheets, Department for International Development, London, UK, viewed March 2010, < http://www.dfid.gov.uk/> East Gippsland Shire Council 2009, Re: Draft Regulatory Impact Statement – Proposed policy on illegally logged timber, Bairnsdale, Victoria, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/12%20%20East%20Gippsland%20Shire%20Council.pdf> European Commission 2008, Assessment of the impact of potential further measures to prevent the importation or placing on the market of illegally harvested timber or products derived from such timber, Indufor, Finland, viewed March 2010, <http://ec.europa.eu/environment/forests/pdf/ia_report.pdf> 39 Department of Agriculture, Fisheries and Forestry June, 2010 European Commission 2008, Communication Paper – Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss, Environment DG, B-1049 Brussels, Belgium, viewed March 2010, http://ec.europa.eu/environment/forests/pdf/sec_2008_2619.pdf European Commission 2009, Technical Comments DG ENV-E2 on Draft Regulatory Impact Statement, Brussels, Belgium, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/17%20%20EU%20submission.pdf> European Commission 2008, The Deforestation Communication – A Citizens Summary, Environment DG, B-1049 Brussels, Belgium, viewed March 2010, http://ec.europa.eu/environment/forests/pdf/summary_deforestation.pdf Food and Agriculture Organizations of the United Nations (FAO) 2007, FAO Yearbook of Forestry Products, Rome, Italy, viewed March 2010, <http://www.fao.org/forestry/publications/en/> Furnishing Industry Association of Australia 2009, Submission to the Centre for International Economics (CIE) – Regulatory Impact Statement (RIS) – Proposed new policy on illegally logged timber, Kariong, NSW, viewed March 2010, http://www.thecie.com.au/RIS%20illegal%20logging/2%20<%20Furnishing%20Industry%20Association%20of%20Australia%20(Vic-Tas).pdf> Greenpeace Australian Pacific 2009, Response to the Draft Regulatory Impact Statement, Sydney, NSW, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/14%20-%20Greenpeace.pdf> GRID-Arendal 2010, Collaboration Centre of UNEP, Norway, viewed March 2010, http://www.grido.no/wrr/049.htm Human Rights Watch 2009, “Wild Money”: the human rights consequences of illegal logging and corruption in Indonesia’s forest sector, New York, NY, USA, viewed March 2010, http://www.hrw.org/en/reports/2009/12/01/wild-money Humane Society International 2009, Submission to the Draft Regulatory Impact Statement proposed new policy on illegally logged timber, Avalon, NSW, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/6%20%20Humane%20Society%20International.pdf> 40 Department of Agriculture, Fisheries and Forestry June, 2010 Kaimowitz, D 2003, Forest law enforcement and rural livelihoods, International Forestry Review, Volume 5, Issues 3, Special Issue, Illegal Logging, viewed March 2010, < http://www.cfa-international.org/> Kanowski, Prof. A 2009, Draft Regulatory Impact Statement – Proposed new policy on illegally logged timber, The Fenner School of Environment & Society, Australian National University, Canberra, ACT, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/3%20%20Professor%20Peter%20Kanowski,%20ANU.pdf> Lochner, K, Kawachi, I & Kennedy, B.P 1999, Social Capital: A guide to its measurement, Health and Place (5), pp 259-270. Ministry of Agriculture and Forestry 2008, Labelling of illegal timber products, prepared by Ogle Consulting for MAF Information Services, Wellington, New Zealand, viewed March 2010, <http://www.maf.govt.nz/forestry/illegal-logging/labelling-of-illegal-timber-products/> Mishra, P.C, Tripathy, P.K, Behera, N, & Mishra, B.K 2008, Socio-economic and Socioecological Study of Sambalpur Forest Division, Orrissa, Department of Environmental Sciences, Department of Economics, School of Life Sciences, Department of Home Science Sambalpur University, Jyoti Vihar 768 019, Sambalpur, Orissa, India, viewed March 2010, <http://www.krepublishers.com/02-Journals/JHE/JHE-23-0-000-000-2008-Web/JHE-23-2000-000-2008-Abst-PDF/JHE-23-2-135-08-1737-Mishra-P-C/JHE-23-2-135-08-1737-MishraP-C-Tt.pdf> National Association of Forest Industries 2009, Draft Regulatory Impact Statement proposed new policy on illegally logged timber – NAFI Submission, Deakin West, ACT, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/7%20%20National%20Association%20of%20Forest%20Industries.pdf> Patriquin, M.N, Parkins, J.R & Stedman, R.C, 2007, Socio-economic Status of Boreal Communities in Canada, Oxford Journals, viewed March 2010, < http://forestry.oxfordjournals.org/cgi/content/full/80/3/279> 41 Department of Agriculture, Fisheries and Forestry June, 2010 Richards, M, Wells, A, Del Gatto, F, Contreras-Hermosilla, A & Pommier, D 2003, Impacts of illegality and barriers to legality, Illegal Logging Info, Chatham House, London, UK, viewed March 2010, <http://www.illegal-logging.info/uploads/1_Barriers_to_Legality.pdf> Richardson, D 2009, Illegal Logging – A Simple Solution to a Difficult Task, LSE Ltd & the SRR Program, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/16%20%20Dean%20Richardson,%20LSE%20Ltd%20&%20the%20SRR%20Program.pdf> Roberts, G 2006, The Rape of PNG Forests, The Australian, viewed March 2010, < http://www.illegal-logging.info/item_single.php?it_id=1531&it=news> Seneca Creek 2004, “Illegal” Logging and Global World Markets: the Competitive Impacts on the US Wood Products Industry, Maryland, USA, viewed March 2010, <http://www.illegal-logging.info/uploads/afandpa.pdf> Setiono, B 2008, U4 Brief – Corruption and forest revenues in Papua. Chr. Michelsen Institute, Bergen Norway, viewed March 2010, <http://www.cmi.no/publications/file/3049-corruption-and-forest-revenues-inpapua.pdf> Testimonials from the forest 2010, Greenpeace Australia Pacific, Sydney, NSW, viewed March 2010, <http://www.greenpeace.org/australia/issues/deforestation/overview/evidence/testi monials> The CIE 2009, Regulatory Impact Statement – Proposed new policy on illegally logged timber draft report, Canberra, ACT, viewed March 2010, <http://www.thecie.com.au/content/news/Draft%20RIS%2013%20October%202009.p df> Timber Queensland 2009, Timber Queensland Submission on the Draft Regulatory Impact Statement – Proposed new policy on illegally logged timber, Fortitude Valley, Queensland, viewed March 2010, <http://www.thecie.com.au/RIS%20illegal%20logging/8%20%20Timber%20Queensland.pdf> Thomson, J & Kannan, R 2004, Conflict Timber: Dimensions of the Problem in Asia and Africa Volume 1, ARD Inc, Vermont, USA. 42 Department of Agriculture, Fisheries and Forestry June, 2010 Uniting Church in Australia 2009, Submission to proposed new policy on illegally logged timber, issues paper November 2009, Justice and International Mission Unit, Synod of Victoria and Tasmania, Melbourne, Victoria, viewed March 2010, http://www.thecie.com.au/RIS%20illegal%20logging/4%20%20Uniting%20Church%20Justic%20and%20International%20Mission%20Unit.pdf Window and Door Industry Council 2009, Submission to the CIE Draft Regulatory Impact Statement on ‘illegal logging’, Mascot, NSW, viewed March 2010, < http://www.thecie.com.au/RIS%20illegal%20logging/15%20-%20WADIC.pdf> World Bank 2008, Forests Sourcebook – Practical guidance for sustaining forests in development cooperation, Washington DC, USA, viewed March 2010, <http://siteresources.worldbank.org/EXTFORSOUBOOK/Resources/completeforestsour cebookapril2008.pdf> World Resources Institute 2006, Human pressure on the Brazilian Amazon forests, Washington DC, USA, viewed March 2010, <http://www.wri.org/publication/human-pressure-brazilian-amazon-forests> 43 Department of Agriculture, Fisheries and Forestry June, 2010 Appendix 1.11 Summary of Stakeholder Submissions 1. Australian Timber Importers Federation Inc (ATIF) ATIF supports the economic analysis undertaken in the draft RIS and believes it identifies practical measures to inform industry and Government action to attain the objective of restricting illegal logging. ATIF acknowledge there are wider social justice implications associated with illegal logging. The submission also notes that the domestic timber industry already incurs substantial costs in adherence to environmental forest management practises in protecting the domestic reputation. ATIF connected an increased cost of timber and therefore reduced consumption as a building product relative to substitutes (such as cement/concrete and metal) with increase carbon emissions and environmental impacts in developing countries. 2. Furnishing Industry Association of Australia (FIAA) The FIAA submission claims the order of magnitude of costs and benefits identified in the draft RIS appear reasonable; however, a greater attempt to price the intangible benefits needs to be made. FIAA believes there are potentially large reputational benefits to the industry from certification and disclosure, that some costs of compliance are known and that the full cost to industry should be calculated and weighted against the reputational benefits. 3. Professor Peter Kanowski – Australian National University The submission from Professor Kanowski states that an analysis of the intangible benefits should be the basis of Australia’s position on the issue of illegal logging. While Australia plays a small role in the illegal logging issue, this submission maintains that action should still be taken. 4. Uniting Church in Australia – Justice and International Mission Unit The Uniting Church submission asserts that the DRAFT RIS was heavily influenced by the CIE’s worldview and ideology, to the exclusion of other views and value systems, and was heavily reliant on economic analysis, whilst being deficient in social analysis. The submission noted a number of social costs associated with illegal logging including wealth redistribution (questioning whether the wealth transfers increase the 44 Department of Agriculture, Fisheries and Forestry June, 2010 gaps between the rich and poor), as well as bribery and corruption, leading to the use of armed intimidation of local communities. The submission also notes the impact on legal logging operations through lower market prices and tightened profit margins, leading to lower standards of operation. It is also noted that legitimate logging organisations are also less likely to make social investments back into the community. 5. Australian Forest Growers (AFG) The AFG submission emphasises that the Australian Government has an obligation to ensure that all imported timber is obtained from lawfully managed forests, and this should be the key focus of policy on illegal logging. AFG raise concerns that illegal overseas loggers are not subject to environmental and social codes of conduct allowing market prices to be driven down, both domestically and internationally. 6. Humane Society International The Humane Society International considers the evaluation of social and environmental costs and benefits in the draft RIS to be inadequate. It feels the report “[dismissed] all that cannot be attributed with a dollar value to a list of intangible benefits.” The social costs identified in the submission include the redistribution of wealth, with local and indigenous communities not sharing in the profits from illegal logging. The submission also maintains that Government action will provide a sense of morality for those Australians concerned about the issue. 7. National Association of Forest Industries (NAFI) The NAFI submission supports the findings of the draft RIS in general, acknowledging the difficulty in qualifying or quantifying the expected costs to society from the introduction of the policy. 45 Department of Agriculture, Fisheries and Forestry June, 2010 8. Timber Queensland Timber Queensland interprets the draft RIS as proposing that Australia should not address illegal logging due to the nation being a part of the world trade in illegal timber. The submission asserts that Australians do not want to be part of the problem, stating that consumers have a reasonable expectation that timber has come from legally harvested forests. 9. Australian Plantation Products & Paper Industry Council (A3P) The A3P submission asserts all consumers have the right to know they are purchasing legal paper and wood products through measures to restrict imported products from illegally logged sources. A3P maintain the intangible benefits identified in the draft RIS should be taken into account with some attempt to value the benefits. The social issues raised by A3P in regard to illegal logging include the need to provide reassurance to consumers they are not contributing to the illegal logging problem, and the importance of reducing the economic, environmental and social consequences of illegal logging where it occurs, particularly on local communities 10. Australian Window Association (AWA) The AWA submission did not discuss the social impacts of illegal logging but maintains that some attempt should be made to price the intangible benefits (morality and ethical issues) of action. 11. Department of Infrastructure, Energy and Resources (DoIER) The DoIER submission concentrates on the compliance burden on the domestic industry in Australia and State Governments of addressing illegal logging through verification. 12. East Gippsland Shire Council The East Gippsland Shire Council submission supports a policy position to restrict illegally imported timber without cost to domestic producters, as timber production and harvesting is a significant contributor to the Shire economy. The Shire identified the social impact that, without a strong timber industry, many of the small and remote East Gippsland communities would not survive, creating significant impact on the social fabric of the region. 46 Department of Agriculture, Fisheries and Forestry June, 2010 13. Decorative Wood Veneers Association (DWVA) The DWVA submission states only a small part of the market in Australia would pay a premium for certified timber veneers, and the implementation of poorly conceived regulations could aggravate the problem by imposing a higher cost on legal loggers with no reduction in illegal logging. 14. Greenpeace Australia Pacific The Greenpeace response to the draft RIS raises concerns the report does not address the Federal Government’s election promise to ‘seek to ban the sale of illegally logged timber imports’. The social costs and issues of illegal logging discussed in the submission include the substantial impacts upon communities dependent upon forests for shelter and sustenance, along with the profits from illegal logging to fund armed conflict and lead to human rights abuses. Greenpeace believe consumers in Australia should pay increased prices for timber products for an assurance that they have been sourced legally. 15. Window and Door Industry Council (WADIC) The WADIC submission to the draft RIS provides support for the general assessment that the broad societal and economic costs of proposed regulations outweigh the benefits. WADIC was particularly concerned about the domestic social and economic impacts upon small businesses through any policy targeting illegal logging. 16. Dean Richardson, LSE Ltd & the SRR Program This submission from a forest industry consultant in Papua New Guinea recommends tackling the problem at the source. This response identifies a social cost of illegal logging in PNG in the use of police force to dispel local opposition to illegal logging, and highlights the difficulties with corrupt governments and corrupt business practices that make it problematic to address the problem at the source. 17. European Commission (EC) The EC submission focuses on the technicalities of implementing compliance standards and highlights some moral drivers in developing policy. It states that European consumers, traders and decision-makers alike no longer want to be associated with products that are associated with criminal activity. 47 Department of Agriculture, Fisheries and Forestry June, 2010 18. Construction Forestry Mining Energy Union (CFMEU) The CFMEU submission contends that efforts to restrict illegal trade in timber should incorporate principles consistent with the CFMEU proposal for reducing emissions from Deforestation and Degradation and to address measures to combat driving factors including: unclear land tenure, including inadequate recognition of indigenous rights and interests, poverty, and food security issues. 48 Department of Agriculture, Fisheries and Forestry June, 2010 1.12 Literature Resources Reviewed Table 7.1: Resources Reviewed Document Source Illegal Logging and International Trade in Mahogany AIDESEP The Deforestation Communication – A Citizens Summary European Commission Breaking the Rings of Forest Corruption Illegal-logging.info Assessment of the impact of potential further measures to prevent the importation or placing on the market of illegally harvested timber or products derived from such timber European Commission Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss European Commission “Wild Money”: the human rights consequences of illegal logging and corruption in Indonesia’s forest sector Human Rights Watch Labelling of illegal timber products Ministry of Agriculture and Forestry, NZ Impacts of illegality and barriers to legality Illegal-logging.info Corruption and forest revenues in Papua Chr. Michelsen Institute Testimonials from the forest Greenpeace Australia Pacific Forests Sourcebook – Practical guidance for sustaining forests in development cooperation World Bank Human pressure on the Brazilian Amazon forests World Resources Institute Forest law enforcement and rural livelihoods Commonwealth Forestry Association FAO Yearbook of Forestry Products 2007 Food and Agriculture Organisations of the UN 49
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