FLEGT in Liberia
Liberia had its first formal negotiations session in March 2010. Issues like the legality definition and the Legality Assurance System were on the agenda. However, the negotiations have come under threat by NGO data showing serious breaches of various laws in the newly appointed concessions. They argue that current developments in the forest sector point to a future of disappointment and conflict across communities, and sustained tension between the state and those civil society actors and community representatives who are determined to ensure that the rights and interests of communities are upheld and protected. It is hoped that the VPA will provide a good platform to work towards solutions and identify necessary governance reforms that can be jointly implemented by the forestry development authority and civil society actors.
Background
After series of preliminary discussions between Liberia and EU beginning 2006, the Government of Liberia and the European Union agreed to enter into negations on a voluntary Partnership Agreement. In late 2009 a stakeholders’ meeting organized by the Forestry Development Authority (FDA) led to the establishment of the Steering Committee with members from identified stakeholders including the Government of Liberia, civil society, communities and the loggers associations. A Technical Secretariat was also established by the Steering Committee to run the day to day activities of the entire VPA road map. The Steering Committee needs an executive order or a proclamation from the Government of Liberia signed by the President of Liberia to become a legal entity. With a legal status, the Steering Committee can access funding for the VPA process directly from DFID. The IDL Group now processes the funding for the VPA to the Technical Secretariat.
The Role of Civil Society in the process
With the setting up of the Steering Committee and the Technical Secretariat, civil society organization have played and continued to play a vital role including organizing community platforms to assist communities to select their representatives to the Steering Committee, providing support to community representatives to ensure that they participate in Steering committee meetings, participating in the Steering Committee Meeting to ensure that the VPA process is in compliance with legal instruments in the forestry sector including the New Forest Laws of Liberia, the regulations and participating in multi stakeholders meetings/workshop to ensure that civil society’s views and comments are put on the agenda.
Current Situation
The Government of Liberia and the EU formally launched the VPA negotiation process in March 2009 with both parties committing to a process that will combat illegal logging in Liberia. Three negotiations have been held between the government of Liberia and the EU discussing issues related to the VPA to include the following.
The Road Map
The parties to the negotiations modified the initial 3 years road map identifying actions to be taken to enable the VPA process to be concluded in by March 2011. Even though the negotiation parties agreed to end the process by March 2011, civil society continue to suggest to the Government of Liberia that the VPA process should be given ample time to provide stakeholders the opportunity to fully contribute to the process. Civil society organizations believe, if the Government of Liberia has not provided an Executive Order or a proclamation in almost a whole year period to make the Steering Committee a Legal entity, it is not showing political will enough to drive the process for a 1 year period road map.
Legality Definition
A working group consisting of members from various stakeholder groups was established to work with a consultant to draft the legality definition for legal timber coming out of Liberia. With inputs from stakeholders, the Legality Definition Working Group presented the draft Legality Definition to the steering committee which was subsequently submitted to the Government of Liberia’s Negotiation Team. The Government of Liberia Negotiation Team presented the draft legality definition to the European Union during the 3rd round of VPA Negotiations in July 2010. The EU has provided general feed back on the draft and noted that Liberian legislation in process including the planned chain saw regulation and the Community Rights Law regulation, need to be finalized before the completion of the VPA negotiations.
Legality Assurance System (LAS)
With an agreement on which laws can be checked the Legality Assurance System will be set up to track or trace legal timber so that it is not mixed with illegal timber. The Steering Committee also set up a working group to draft the Legality Assurance System to Trace Illegal Timber. The working group has also drafted the LAS which the Steering Committee also submitted to the Liberia Negotiation Team for negotiations. Issues in the LAS includes Independent Audit, Chain of Custody System, Verification Procedures, Public Information and Transparency etc.
Challenges Ahead
Civil society continues to contribute to the VPA process to ensure that Liberia’s Timber is harvested legally and revenues are directed to the post conflict development of the country in a transparent and accountable manner. Past illegal activities in the forestry sector necessitated the reforms process which led to the passing of the New Forestry Reform Laws, Regulation and lately the Community Rights Law. Even with these legal instruments in place, compliance with them is currently a major challenge in the forestry sector. Civil society has remained persistent in engaging the Forestry Development Authority to ensure that there is compliance at every stage of implementation of forestry activities. This often leads to tensions between the government agency and the civil society organizations. Civil society is convinced that the VPA will ensure that there is compliance with the forestry laws and regulation.
Additionally, the government of Liberia and the European Union agreed during the second negotiations to complete the VPA process in a 1 year period ending March 2011.This requires that parties to the negotiations will provide what is required to complete the process during this time frame. How ever, since the setting up of the Steering Committee the in 2009, the government of Liberia has not been able to provide and Executive Order or a Proclamation to enable the Steering Committee to become a legal entity/group to receive funding directly from DFID or raise funding to support the VPA process through the Technical Secretariat. This is undermining the smooth operation of the Committee and the Secretariat.
The Technical Secretariat has informed the Steering Committee of funding gaps to complete the VPA process over a 1 year period and have stressed the need to identify additional funding sources to complete the Process. This is impossible if the Steering Committee continues to operate illegally without and executive order.
Community representative on the steering committees are requesting a feed back to their communities about the entire VPA process in Liberia to ensure their total participation in the process. This Technical Secretariat has not been able to honor the communities request due to the funding gaps.
In order to address the challenges listed above the following recommendation should be considered.
a) The VPA process should conform to all forest related and national instruments (laws, regulations etc.) with an implementation framework to ensure that there is compliance to them. This will combat illegal logging in the timber industry and reduce corruption.
b) The Government of Liberia must demonstrate a strong political will to the VPA process by providing funds to compliment the funds provided by DFID and providing an Executive Order to make the Steering Committee a legal entity. This will allow the Committee to implement the activities of the VPA process through the Technical Secretariat.
c) Communities and civil society organization should be provided support for feed back to the larger communities about the VPA process to ensure maximum participation of the communities.
For more information, contact the NGO Coalition for Liberia. email: ngo_coalition_liberia@yahoo.com