Rethinking Forest Regulations Reflections on global experiences Rethinking Liberia’s Forests: Implementing the New Vision Roundtable conference in Paynesville Town Hall 6-7 October 2015

2 Why “Rethink” Regulations? Are the traditional approaches to forest regulation working? Decades of effort, tens of billions USD ITTO member countries (85% of tropical forest)…only 7% under SFM in 2010 FRA 2015 (FAO) annual rates semi- /tropical forest loss unchanged during as compared to

3 Why “Rethink” Regulations? 1)Forestry’s record disappointing in many places, undermining governance & development potential: o Continuing deforestation & degradation o Widespread illegal logging & trade of illegal products o Corruption & conflict 2)Regulatory frameworks structurally flawed & obsolete: o Top-down, complex, command-and-control structures o Unrealistic relative to institutional capacity & budget o If do not respect customary or statutory land, civil or political rights, are perceived as unjust and lead to resistance.

4 Why “Rethink” Regulations? 3)Forestry highly regulated (over-regulated?) sector: o Management plans detailed, costly & difficult to develop, implement & monitor/enforce; harvest regulations very prescriptive o Other sectors less regulated (e.g., ag & mining)…easier to convert land rather than manage sustainably for forestry 4) Perverse outcomes and unintended consequences: o Diminished respect for law, judicial systems & forest sector institutions o Obstacles to local peoples pursuit of sustainable livelihoods o Favors entrenched economic & political interests o Impose burdens & costs beyond the capacity of governments to finance thru public budgets and/or collection of forest charges & fees

5 Reasons for Failure? 1)Where true purpose or driving interest not SFM…raise revenue, control of land (govt. and/or vested interests), etc. 2)Where contradictions & inconsistencies between sectoral laws, policies & regs…between mining, ag, forestry & protected areas 3)Where regulations unrealistic…too cumbersome, costly, or difficult to implement 4)Where regulations inconsistent with property rights 5)Where lacking institutional capacity to monitor & enforce 6)Where focus is "enforcement"

6 National & International Responses to Failure o Logging bans (e.g. Asia) o Concessioning arrangements (e.g., Latin America) o Lacey Act (USA), VPA (EU) o FLEGT – using trade to improve forest governance o REDD – global effort to stop deforestation Of course, regulations (or lack thereof) in other sectors negatively affect forests (e.g. agriculture, mining)

7 Why do we regulate forests? Relationship Between the State And its CitizensOver Rights To Use Their Forests Government: Central/ Federal Provincial/ State Local Individuals Groups w/special rights (e.g., Indigenous & traditional communities ) Public Access (to forest & forest resources) Duration (permanence) Exclusion (refuse access/use to others) Management Alienation (transfer rights to others) Use/Exploitation (for subsistence & commercial) Due Process & Compensation (in case of eminent domain) Individual/House- holds Indigenous or community- owned forests State/Local government Central/Federal government (Refers to different types of ownership)

8 Emerging New Approaches Principles For Governments’ Re-Thinking Regulations Liberian Context 1)Recognize land rights o The foundation & basic building blocks for functional, effective & efficient system o If rights ambiguous, regulatory environment ambiguous o Practical matter: NRM simply not possible without clarity on ownership, rights and responsibilities

9 Global Learning 2)Durable, sustainable regulatory frameworks are realized by engaging citizen stakeholders in a permanent, meaningful, collaborative manner. 3)Regulatory frameworks are “whole system”, not simply government’s role…requiring a judicious balance between “bottom-up” and “top down” 4)Different regulatory systems are needed for different property types. Emerging New Approaches Principles For Governments’ Re-Thinking Regulations

1010 Global Learning 5)Effective regulation is pragmatic, outcome-based; processes identify & address the priority, desired public outcomes & designs regulations to address these. 6)Government’s role is limited and specific ― create favorable conditions for all rights holders & do only what no other can do 7)Government must facilitate processes that ensure fairness, accountability & active adaptation. Emerging New Approaches Principles For Governments’ Re-Thinking Regulations

9 o BMPs vs prescriptive norms for timber harvesting & management o Independent, non-government monitoring & verification w/stakeholder participation o Transparency ― forest use, monitoring outcomes, impacts o Education & dissemination ― standards, positions, issues, impacts o Fostering stakeholder understanding, consensus, ownership ― consultations, conferences, committees, boards, etc. o Joint management & partnerships between government and non- governmental organizations Promising Emerging Tools of Particular Relevance For Liberia & CFM

A Final Thought WHY?