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International Union of Forest Research Organizations
                       Union Internationale des Instituts de Recherches Forestières
                       Internationaler Verband Forstlicher Forschungsanstalten
                       Unión Internacional de Organizaciones de Investigación Forestal


                       iUfro World series vol. 28


Embracing complExity:
mEEting thE challEngEs of
intErnational forEst
govErnancE

A Global Assessment Report Prepared by
the Global Forest Expert Panel on
the International Forest Regime




Editors:

Jeremy Rayner, Panel Chair
Alexander Buck, IUFRO Executive Director
Pia Katila, Content Editor


This publication has received funding from the Ministry for Foreign Affairs of Finland,
the Swiss Agency for Development and Cooperation, the United States Forest Service,
the Austrian Federal Ministry of Agriculture, Forestry, Environment and Water Manage-
ment and the Dutch Ministry of Economic Affairs, Agriculture and Innovation.
The views expressed within this publication do not necessarily reflect official policy of
the governments represented by these institutions.



publisher:
international Union of forest research organizations (iUfro)
Recommended catalogue entry:
Jeremy Rayner, Alexander Buck & Pia Katila (eds.). 2010.
Embracing complexity: Meeting the challenges of international forest governance.
A global assessment report. Prepared by the Global Forest Expert Panel on
the International Forest Regime.
IUFRO World Series Volume 28.Vienna. 172 p.


isbn 978-3-902762-01-6
issn 1016-3263


Published by:
International Union of Forest Research Organizations (IUFRO)




Available from:
IUFRO Headquarters
Secretariat
c/o Mariabrunn (BFW)
Hauptstrasse 7
1140 Vienna
Austria

Tel: +43-1-877-0151-0
E-mail: office@iufro.org
Web site: www.iufro.org/




Language editor: Alastair Sarre
Lay out: Seppo Oja

Cover photographs:
Metla/Erkki Oksanen, Matti Nummelin, LeoFFreitas/Flickr/Getty Images


Printed in Finland by Tammerprint Oy, Tampere, 2010
preface

T    he present volume is the second in the series
     of reports commissioned by the Collaborative
Partnership on Forests’ Global Forest Expert Panels
                                                           lihoods. Nonetheless, there is an undeniable sense
                                                           that the regime as a whole is failing. Rates of defor-
                                                           estation, though declining overall, show significant
initiative. Following the highly successful report on      regional variations and remain “alarmingly high” ac-
Adaptation of Forests and People to Climate Change,        cording to the latest State of the Forests report by the
presented to UNFF 8 in 2009, the members of the            United Nations Food and Agriculture Organization.
GFEP Steering Committee approved the topic of “the         Non-state actors are conspicuous by their absence
international forest regime” for a new panel in the fall   in many of the key initiatives and have their own is-
of the same year. More than 30 experts in political        sue networks existing alongside the regime. Much
science, policy studies, law and international rela-       is going on at local, national and regional levels that
tions agreed to take part and met for the first time       is not reflected in the regime’s outputs. In short, the
in Vienna in December 2009. A subsequent meet-             effect of the international forest regime is rather less
ing of the whole panel was held in Nairobi in July         than the sum of its many parts.
2010 and smaller groups gathered in Singapore, New              More than forty years ago, the distinguished phi-
York and Washington DC. Every effort was made              losopher and social scientist Donald Schoen wrote
to draw panel members from around the world with           that “we must become able not only to transform
different experiences and points of view. A similar        our institutions in response to changing situations
effort pulled together a blue-ribbon team of review-       and requirements; we must invent and develop in-
ers from universities, research organizations, govern-     stitutions which are ‘learning systems’, that is to
ments and international organizations whose careful        say capable of bringing about their own continuing
scrutiny of the draft report resulted in the removal       transformation.” In seeking to understand what has
of many errors and a significant improvement in the        gone wrong with international forest governance and
clarity and direction of this document. Indispensable      how it can be put right, the panel has avoided taking
administrative support for the panel was provided by       positions on the various issues of instrument choice
the IUFRO Secretariat under the direction of Alexan-       and organizational reform currently exercising the
der Buck. The report was language edited by Alastair       chief actors in the international forest regime. We
Sarre and the whole editorial process overseen by          have, instead, directed our efforts towards reconceiv-
Pia Katila. This is truly a collaborative effort and       ing the regime as a forest-focused learning system
could not have been achieved without remarkable            of the kind imagined by Schoen. It is my hope that
collegiality and teamwork. I would like to extend          those with the responsibility for forest governance at
my deepest thanks to everyone involved, almost all         all levels will find this report, and its accompanying
of whom voluntarily took on what turned out to be          policy brief, a useful guide to the complexities of the
a considerable burden in addition to their existing        regime as it currently stands and a source of inspira-
professional obligations.                                  tion for setting in motion the “continuing transforma-
    The topic of the international forest regime is a      tion” which embraces this complexity, turning it from
complex one. At the heart of regime are a number of        source of weakness to a source of strength.
international organizations with different mandates
and capacities, all of whom are rightly proud of their     Jeremy Rayner
achievements in raising awareness of the threats to
the world’s forests and adopting instruments and pro-      Chair of the Expert Panel on
grams designed to protect forest conditions and live-      the International Forest Regime




                                                                                                                      3




Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
Acknowledgements

    This publication is the product of the collaborative         We also gratefully acknowledge the generous fi-
    work of scientist and experts who acted as authors in    nancial and in-kind support provided by the Ministry
    different capacities. We express our sincere gratitude   for Foreign Affairs of Finland, the Swiss Agency
    to all of them: B.J.M. (Bas) Arts, Steven Bernstein,     for Development and Cooperation, the United States
    Benjamin Cashore, Deborah S. Davenport, Peter            Forest Service, the Austrian Federal Ministry of Ag-
    Glück, Michael Howlett, Constance L. McDermott           riculture, Forestry, Environment and Water Manage-
    (coordinating lead authors); Arild Angelsen, Marie       ment, and the Dutch Ministry of Economic Affairs,
    Appelstrand, Samuel Assembe-Mvondo, Graeme               Agriculture and Innovation.
    Auld, Janette Bulkan, Richard Eba’a Atyi, Reem               Furthermore, we would like to thank the GFEP
    Hajjar, Patrick D. Hardcastle, Eva Heidbreder, Karl      Steering Committee for providing overall guidance
    Hogl, Hans Hoogeveen, David Humphreys, Daniela           and generous in-kind support: the International Union
    Kleinschmit, Ahmad Maryudi, Kathleen McGinley,           of Forest Research Organizations (IUFRO), the Food
    Kathleen McNutt, Ravi Prabhu, Helga Pülzl, Patrick       and Agriculture Organization of the United Nations
    Verkooijen, Ingrid J. Visseren-Hamakers, Christoph       (FAO), the Secretariat of the United Nations Forum
    Wildburger, Peter Wood, Yurdi Yasmi (lead authors);      on Forests (UNFF), the Secretariat of the Convention
    and Tim Cadman, Thomas Enters, Daniela Goehler,          on Biological Diversity (CBD), the Center for Inter-
    Lars Gulbrandsen, Shashi Kant, Robert Kozak, Kelly       national Forestry Research (CIFOR), and the World
    Levin, Emmanuel Marfo, Pablo Pacheco, Frederic           Agroforestry Centre (ICRAF). Our special thanks go
    Perron-Welch, Mark Purdon, Olivier Rukundo, Irene        to the IUFRO Secretariat for providing indispensable
    Scher, Michael W. Stone, Luca Tacconi (contributing      administrative and technical support to the work of
    authors). Without their voluntary efforts and com-       the Panel. We are particularly grateful also to the
    mitments the preparation of this publication would       Secretariat of the United Nations Forum on Forest,
    not have been possible.                                  the United Nations Environment Programme, The
        We acknowledge and also sincerely thank the          World Bank, and the Lee Kuan Yew School of Public
    reviewers of the full report and the various chapters    Policy, National University of Singapore for hosting
    whose comments have greatly improved the quality         expert meetings.
    of this publication: Stephanie Caswell, Frank Bier-          We are grateful for Seppo Oja for designing
    mann, Juergen Blaser, Gerard Buttoud, Katarina           and preparing the lay out of this publication and for
    Eckerberg, Fred Gale, Jan Heino, A.A. Hezri, John        Alastair Sarre for language editing.
    Hudson, Maria Ivanova, Niels Elers Koch, Max
    Krott, John Palmer, Michael Pregernig, Ewald Ram-        Jeremy Rayner       Alexander Buck       Pia Katila
    etsteiner, Ulrich Schraml, Harri Siiskonen, Markku       Panel Chair         IUFRO Executive      Content
    Simula, Ilpo Tikkanen, Adam Wellstead and Willi                              Director             Editor
    Zimmermann.




4




                       Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
contents
preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     3

1        introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           9
         Coordinating lead author: Jeremy Rayner
         Lead authors: David Humphreys, Frederic Perron Welch, Ravi Prabhu and Patrick Verkooijen

2        mapping the core actors and issues defining international forest governance . . .                                                                 19
         Coordinating lead author: Constance L. McDermott
         Lead authors: David Humphreys, Christoph Wildburger and Peter Wood
         Contributing authors: Emmanuel Marfo (African regional instruments), Pablo Pacheco (Latin
         American regional instruments) and Yurdi Yasmi (Asia-Pacific regional instruments)

3        core components of the international forest regime complex . . . . . . . . . . . . . . . . .      37
         Coordinating lead author: Peter Glück
         Lead authors: Arild Angelsen, Marie Appelstrand, Samuel Assembe-Mvondo, Graeme Auld and Karl Hogl
         Contributing authors: David Humphreys and Christoph Wildburger

4        Discourses, actors and instruments in international forest governance . . . . . . . . .                                                           57
         Coordinating lead author: Bas Arts
         Lead authors: Marie Appelstrand, Daniela Kleinschmit, Helga Pülzl and Ingrid Visseren-Hamakers
         Contributing authors: Richard Eba’a Atyi,Thomas Enters, Kathleen McGinley and Yurdi Yasmi

5        forests and sustainability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                    75
         Coordinating lead author: Deborah Davenport
         Lead authors: Janette Bulkan, Reem Hajjar and Patrick Hardcastle
         Contributing authors: Samuel Assembe-Mvondo, Richard Eba’a Atyi, David Humphreys and
         Ahmad Maryudi

6        overcoming the challenges to integration: embracing complexity in
         forest policy design through multi-level governance . . . . . . . . . . . . . . . . . . . . . . . . . .                                           93
         Coordinating lead author: Michael Howlett
         Lead author: Jeremy Rayner
         Contributing authors: Daniela Goehler, Eva Heidbreder, Frederic Perron-Welch, Olivier Rukundo,
         Patrick Verkooijen and Christoph Wildburger

7        Examination of the influences of global forest governance arrangements
         at the domestic level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                111
         Coordinating lead authors: Steven Bernstein and Benjamin Cashore
         Lead authors: Richard Eba’a Atyi, Ahmad Maryudi and Kathleen McGinley
         Contributing authors:Tim Cadman, Lars Gulbrandsen, Daniela Goehler, Karl Hogl,
         David Humphreys, Shashi Kant, Robert Kozak, Kelly Levin, Constance McDermott, Mark Purdon,
         Irene Scher, Michael W. Stone, Luca Tacconi and Yurdi Yasmi

8        conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        137
         Coordinating lead author: Jeremy Rayner
         Lead authors: Hans Hoogeveen, Kathleen McNutt and Patrick Verkooijen
         Contributing author: Christoph Wildburger

appendix 1 preparatory study for the cpf Expert panel on
    the international forest regime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                               147

appendix 2 authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                171
                                                                                                                                                                5




Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
acronyms and abbreviations

a/r     Afforestation/Reforestation                iUcn     International Union for Conservation of
abs     Access and Benefit Sharing                          Nature
acto    Amazon Cooperation Treaty                  lEi      Indonesian Ecolabelling Institute
        Organization                               lrtap    Long-Range Transboundary Air Pollution
afp     Asia Forest Partnership                    mcpfE    Ministerial Conference on the Protection
asEan   Association of Southeast Asian Nations              of Forests in Europe
ato     African Timber Organization                moU      Memorandum of Understanding
c&i     Criteria and Indicators                    mrv      Monitoring, Reporting and Verification
cbD     Convention on Biological Diversity         nbsaps   National Biodiversity Strategies and
cbfp    Congo Basin Forest Partnership                      Action Plans
cDm     Clean Development Mechanism                nfp      National Forest Programmes
cEr     Certified Emission Reduction               ngo      Non-Governmental Organization
cifor   Center for International Forestry          nlbi     Non-Legally Binding Instrument on
        Research                                            All Types of Forests
citEs   Convention on International Trade          oEcD     Organization for Economic Cooperation
        in Endangered Species of Wild Fauna                 and Development
        and Flora                                  pEfc     Programme for the Endorsement of
comEsa Common Market for Eastern and                        Forest Certification
        Southern Africa                            poW      Program of Work
comifac Central African Forest Commission          profor Programme on Forests
cop     Conference of the Parties                  rEDD     Reducing Emissions from Deforestation
cpf     Collaborative Partnership on Forests                and Forest Degradation
csD     Commission on Sustainable Development      saDc     South African Development Community
csr     Corporate Social Responsibility            sfi      Sustainable Forestry Initiative
Ecosoc United Nations Economic and                 sfm      Sustainable Forest Management
        Social Council                             slimfs   Small and Low Intensity Managed Forests
Efi     European Forest Institute                  sps      The Agreement on the Application of
EU      European Union                                      Sanitary and Phytosanitary Measures
fao     Food and Agricultural Organization of      tbt      Technical Barriers to Trade
        the United Nations                         trips    Agreement on Trade-Related Aspects of
fcpf    Forest Carbon Partnership Facility                  Intellectual Property Rights
fip     Forest Investment Program                  Un       United Nations
flEg    Forest Law Enforcement and Governance      UnccD    United Nations Convention to Combat
flEgt   Forest Law Enforcement, Governance                  Desertification
        and Trade                                  UncED    United Nations Conference on
fpic    Free Prior and Informed Consent                     Environment and Development
fsc     Forest Stewardship Council                 UnDp     United Nations Development
gatt    General Agreement on Tariffs and Trade              Programme
gbif    Global Biodiversity Information Facility   UnDrip   United Nations Declaration
gEf     Global Environment Facility                         on the Rights of Indigenous Peoples
gfEp    Global Forest Expert Panel                 UnEcE    United Nations Economic Commission
ghg     Greenhouse Gases                                    for Europe
gtZ     German Technical Cooperation               UnEp     United Nations Environment Programme
ibpEs   Intergovernmental Platform on              Unfccc United Nations Framework Convention
        Biodiversity and Ecosystem Services                 on Climate Change
icraf   World Agroforestry Centre                  Unff     United Nations Forum on Forests
iff     Intergovernmental Forum on Forests         Un-rEDD programme United Nations
iiED    International Institute for Environment             Collaborative Programme on Reducing
        and Development                                     Emissions from Deforestation and Forest
ilo     International Labor Organization                    Degradation in Developing Countries
imf     International Monetary Fund                vpa      Voluntary Partnership Agreement
ipcc    Intergovernmental Panel on                 vpn      Virtual Policy Network
        Climate Change                             WbcsD    World Business Council for Sustainable
ipf     Intergovernmental Panel on Forests                  Development
iso     International Organization for             WcED     World Commission on Environment
        Standardization                                     and Development
iUfro   International Union of Forest Research     Wri      World Resources Institute
        Organizations                              Wta      World Trade Agreement                      7
itta    International Tropical Timber Agreement    Wto      World Trade Organization
itto    International Tropical Timber              WWf      World Wildlife Fund for Nature
        Organization




Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
1 Introduction

                              Coordinating lead author: Jeremy Rayner

                    Lead authors: David Humphreys, Frederic Perron Welch,
                             Ravi Prabhu and Patrick Verkooijen


1.1 Purpose of the report                                 1.2 Context for the assessment
                                                          1.2.1 Evolution of international forest
In November 2009, the Global Forest Expert Panel          governance
(GFEP) Steering Committee established an expert
panel on the international forest regime to provide
a “scientific assessment of the current global forest     The 1980’s saw growing international concern about
regime and identify options for improving the effec-      the destruction of tropical forests due to shifting ag-
tiveness of the current regime.” The GFEP Steering        riculture, cattle ranching and over-exploitation for
Committee is composed of representatives from the         timber production. At the same time, attention was
Collaborative Partnership on Forests (CPF), a net-        also focused on the degradation and loss of temperate
work of 14 international organisations and secretari-     and boreal forests due to poor forest management
ats with substantial programmes relating to forests.      and, in some cases, various forms of pollution from
The CPF’s mission is to promote the management,           intensive agriculture, urban and industrial develop-
conservation and sustainable development of all           ment. There was a new awareness of the vital im-
types of forest and to strengthen long-term political     portance of forests as renewable sources of a wide
commitment to this end.                                   range of goods and services at local, national and
    Specifically, the present assessment is intended      global levels, including food, medicine, fuel, shel-
to contribute to:                                         ter, clean water, soil stabilisation, flood control, and
                                                          livelihood support. Forests are home to 70% of the
● International forest deliberations and international    earth’s known terrestrial plant and animal species
  forest related processes                                and many have been identified as biodiversity “hot
● The improvement of coordination among political         spots”. Forests are also critical factors in climate
  actors, policy instruments and institutions             change both as sources and sinks of CO2 and as eco-
● International Year of Forests 2011 by raising           systems that are vulnerable to climate change.
  awareness about the role of international instru-            The World Bank estimates that more than 1.6
  ments and institutions affecting forests                billion people around the world depend on forests
                                                          for subsistence, livelihood and employment. This
The report and its accompanying policy brief will         contribution of forests to human well-being and “sus-
provide an overview of the complex and diverse ele-       tainable development” first received global recogni-
ments that currently make up the global forest gov-       tion in June 1992 at the United Nations Conference
ernance arrangements; will identify and analyse the       on Sustainable Development (UNCED) in Rio de
core components of these arrangements; and propose        Janeiro when leaders adopted Chapter 11 of Agenda
options for dealing with complexity and improving         21 on combating deforestation and the Non-Legally
the effective implementation of forest governance at      Binding Authoritative Statement of Principles for a
global, regional, national and sub-national levels.       Global Consensus on the Management, Conserva-
    Following the mandate of the CPF Global Forest        tion and Sustainable Development of All Types of
Expert Panels, this assessment is based on existing       Forests (the Forest Principles). These documents
scientific knowledge. It represents the Expert Panel’s
understanding of the best available scientific litera-
ture. In the case of global forest governance, that                                                                      9
literature is, of course, largely drawn from the social   In addition to the work of the authors and the contributions
sciences, especially political science, law, interna-     of the Expert Panel, this chapter has greatly benefited from
tional relations and policy studies.                      comments by Stephanie Caswell



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



     represented the first global consensus on the mul-       the problems in their own forests. The compromise
     tiple benefits provided by forests, national policies    was the adoption of the non-binding Forest Prin-
     needed to maintain those benefits for present and        ciples which established the notion, still found in
     future generations, and international cooperation        the NLBI, that global forest governance concerns
     needed to support national efforts.                      “all types of forests”.
         In 1995, the Commission on Sustainable Devel-            The forest convention debate resumed at the CSD
     opment (CSD), which had been created in 1992 un-         meeting in 1995 and was taken up once again at the
     der the United Nations Economic and Social Council       fourth and final session of the IFF in 2000. Country
     (ECOSOC) to ensure effective follow up to UNCED,         positions shifted at both meetings, with many de-
     established the Intergovernmental Panel on Forests       veloped and developing countries now in favor of a
     (IPF) with a time limited mandate to carry forward       convention. However key countries, including Bra-
     the Forest Principles. In 1997, the CSD established      zil and other members of the Amazon Cooperation
     the Intergovernmental Forum on Forests (IFF), also       Treaty Organizations (ACTO) and the United States
     with a time limited mandate, to continue the work of     remained skeptical of the benefits of a convention.
     IPF. The combined output of these two ad hoc pro-        They were joined by non-governmental organisations
     cesses consisted of more than 280 proposals for ac-      (NGOs), who feared that negotiations could only
     tion to enhance the “management, conservation and        succeed by leveling down forest practices.
     sustainable development of all types of forests.”            The compromise was the creation of the UNFF
         In 2000, ECOSOC established the United Nations       with a mandate that included a five-year review. The
     Forum on Forests (UNFF) as a subsidiary body with        review in 2005–2006 again found no consensus to
     universal membership to facilitate national efforts      negotiate a “legally binding agreement on forests”,
     to implement sustainable forest management (SFM)         with more countries, including African and a number
     and enhance coordination among international in-         of European Union countries, moving away from
     struments, organisations and institutions with sig-      the idea of convention. Opponents questioned the
     nificant forest-related mandates. Shortly thereafter     ability of a convention to generate significant “new
     the CPF was established to assist the work of the        and additional financial resources” for developing
     UNFF. In 2007, the UNFF and the United Nations           countries or raise standards of forest management
     General Assembly adopted the Non-legally Bind-           worldwide. Instead, the NLBI was concluded in 2007
     ing Instrument on All Types of Forests (NLBI). The       and a formal process to examine financing for forests
     NLBI creates a framework for national action and         was launched in 2008.
     international cooperation to enhance implementa-             While the issue of a legally binding convention
     tion of SFM and the achievement of the four global       may be raised again in the 2015 UNFF review, this
     objectives on forests endorsed by the UNFF in 2006.      report expresses no opinion on either the likelihood
     In 2015, the UNFF will review the effectiveness of       or the desirability of a forest treaty. As already noted,
     the NLBI, as well as other efforts to achieve the four   the panel’s chief concern is with developments that
     global objectives and to implement SFM.                  are already taking place and the challenge of working
                                                              with the existing complex and comprehensive gov-
                                                              ernance arrangements that could ultimately improve
     1.2.2 The debate on a legally binding                    forest conditions and livelihoods. While the forest
     forest agreement and the approach of                     policy community has, until recently, devoted so
                                                              much of its efforts to failed treaty negotiation, other
     this assessment                                          forest-related developments have been proceeding
                                                              on largely parallel tracks and now challenge the very
     The NLBI stands as the main output of state-centred      existence of forests-focused governance.
     efforts to create a forests-focused international re-        In the run up to UNCED, for example, the text of
     gime. Ever since the UNCED preparatory process,          two new conventions were developed: the Conven-
     the issue of whether or not to negotiate a legally       tion on Biological Diversity (CBD) and the United
     binding global forest convention has been a mat-         Nations Framework Convention on Climate Change
     ter of concern to the international forest policy dia-   (UNFCCC). While these conventions were negoti-
     logue and United Nations (UN) diplomacy. At Rio,         ated outside the UNCED preparatory process, they
     the views of countries were divided, with developed      were opened for signature at Rio and subsequently
     (OECD) countries mainly favoring a convention and        ratified by sufficient numbers of signatories to create
     developing countries (the G77 and China) opposing        binding international law. Over time, the conferences
     one. There were many reasons for the united posi-        of the parties to these conventions have increasing
10   tion of developing countries. At the core was the        taken up forest-related issues in the context of their
     view that developed countries were pressing for a        own respective mandates. As chapters 2 and 3 of this
     convention as a way to influence the management          report will explain in greater detail, the CBD and the
     of tropical forests, while refusing to acknowledge       UNFCCC are by no means the only forest-related



                        EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



treaties; however, they are two of the most important       further and adopted forest protection and conser-
and their development illustrates the current chal-         vation as a priority theme for future activities and
lenge to forests-focused governance.                        also established a technical expert group on forest
                                                            biological diversity.
                                                                This was followed by Decision VI/22 of COP 6
1.2.3 Forest-related treaties,                              in 2002 which instituted and articulated the thematic
complexity and fragmentation                                components of an expanded programme of work on
                                                            forest biological diversity. The expanded program of
                                                            work contains an extensive set of goals, objectives
The CBD and its work is premised on three core              and activities for the conservation of forest biodiver-
objectives that relate to forest governance: the con-       sity, the sustainable use of its components and the
servation of biological diversity, the sustainable use      fair and equitable sharing of benefits arising from the
of its components and the fair and equitable sharing        utilisation of forest genetic resources. Furthermore,
of the benefits arising out of the utilisation of genetic   it explicitly recognises the complementary roles of
resources. These objectives overlap with the concept        the CBD and UNFF in stemming the loss of forest
of sustainable forest management as put forward by          biodiversity and recognises that collaboration will
the NLBI and are reflected in the Global Objectives         promote beneficial synergies in guiding immediate
on Forests.                                                 and effective action by governments and other in-
    In addition, specific provisions of the CBD have        ternational bodies.
a direct bearing on the question of forest governance.          Many of the organisations that form the core
For example, Article 8(j) requests Parties to respect,      of the international forest regime, whose work is
preserve and maintain traditional knowledge, inno-          analysed in chapter 3 of the report, recognise the
vations and practices relevant for the conservation         need for coordination. In particular, the Secretariat
and sustainable use of biodiversity and promote their       to the CBD signed a memorandum of understanding
broader application with the approval of the holders        (MoU) with the UNFF for a programme of work to
of such knowledge. This article is complemented             address biodiversity in forests. The agreement fol-
by Article 10(c), which asks Parties to protect and         lowed UNFF Resolution 8/1, which requested the
encourage the customary use of biological resources         Secretariat to explore a format and opportunities for
through traditional cultural practices that meet con-       collaboration and cooperation with the secretariats
servation or sustainable use requirements. Lastly, Ar-      of the Rio Conventions and develop joint activities
ticle 15 is also relevant as it sets outs modalities for    related to sustainable forest management, the Global
the fair and equitable sharing of benefits arising out      Objectives on Forests and the NLBI. Nonetheless,
of the utilisation of genetic resources. These issues       the central relevance of the CBD and its protocol to
of benefit sharing and the participation of indigenous      forest governance is undeniable, creating complex
and local communities often play a central role in          new linkages between institutions and actors.
forest governance.                                              Climate change represents another critical strand
    As a result of this close connection, sustainable       in this web of linkages constituting the system of
forest management considerations have spilled over          global forest governance. Until recently, political
into CBD. At the same time, however, spillovers have        discussions about climate change paid scant atten-
taken place and are likely to continue to take place        tion to forests. Most policymakers viewed emissions
in the other direction, especially with respect to the      resulting from forest loss as hard to measure, monitor
ongoing negotiations for the elaboration of an inter-       and control. They felt that any benefit from efforts to
national regime on access and benefit sharing (ABS).        reduce deforestation would be short-lived (the prob-
This regime will likely have direct bearing on how          lem of ‘permanence’) and suffer considerable ‘leak-
forest genetic resources are utilised and how benefits      age’ (i.e. less carbon emissions in one place would
derived from such use are shared. The success of            lead to more emissions somewhere else). Many wor-
international forest governance is thus more than           ried that focusing on tropical deforestation would
ever contingent on ensuring that these various inter-       reduce pressure on richer countries to lower their
national instruments constitute a comprehensive and         emissions. There were fears that including forests
coherent framework that achieves goals such as ABS          in trading schemes would flood the carbon markets
without losing sight of the forests themselves.             and make other mitigation measures unprofitable. As
    The Conference of the Parties (COP) to the CBD          a result, it comes as no surprise that the Kyoto Pro-
has certainly taken steps to promote the conservation       tocol provided few incentives for afforestation and
of forest biodiversity, placing the theme of forest         reforestation and none to maintain existing forests
biodiversity at the forefront of its agenda. As early as    (Eliasch 2008).                                           11
1996, COP 2, aware of the discussions taking place              Both the Stern Report (Stern 2006) and the In-
at the IPF, developed their first work programme            tergovernmental Panel of Climate Change (IPCC)
on forest biological diversity. In 1998, COP 3 went         report (IPCC 2007) contributed to shifting political



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



     attention and the international forest agenda toward        1.3 Understanding inter­
     the notion that forests will play a key role in any cost-   national forest governance
     effective climate change mitigation arrangement. By
     the end of 2008, the Eliasch Review reinforced the          1.3.1 Regimes and regime theory
     central proposition that urgent action to tackle the
     loss of forests worldwide needs to be a central part        The original focus of this assessment was the inter-
     of any future international deal on climate change          national forest regime. A “regime” is a set of gover-
     (Eliasch 2008). The Review claimed that a deal that         nance arrangements. The term is a commonly-used
     provides international forest financing not only re-        one in the social sciences, in particular in political
     duces carbon emissions significantly, but also ben-         science, and is applied at various spatial scales from
     efits developing countries, supports poverty reduc-         the local level to the international. In contrast, “gov-
     tion and helps preserve biodiversity and other forest       ernance” is the broader term, denoting any effort to
     services (Hoogeveen and Verkooijen 2010).                   coordinate human action towards goals. “Regime” is
         However, given the scale of emissions from              the narrower term, used to characterise a particular
     forests, forest mitigation measures pose a daunting         means or mode of coordination
     challenge. As UN Secretary General Ban Ki-Moon                  At the local level, ‘commons’ regimes, some-
     has stated:                                                 times called ’common property regimes’, are terms
                                                                 developed to capture the set of agreed upon rules and
      “Climate Change cannot be won without the world’s          arrangements that govern access to and the use of
     forests. This, however, will be a complex and chal-         natural resources, such as crops, fish or forests, for a
     lenging feat in terms of setting up incentive structures    particular community (Ostrom 1990). Local commons
     and implementation mechanisms, and will require a           regimes are designed to coordinate resource use in an
     long-term commitment. But nonetheless, it is one of         effort to eliminate problems such as ’free-ridership’
     the best large-scale investments we can make against        leading to the degradation of the resource.
     climate change that could result in an equally large            At the national level the term ’regime’ is tra-
     dividend” (Norway 2008).                                    ditionally used to denote a particular type of gov-
                                                                 ernment such as military regime, socialist regime,
     In UNFCCC negotiations, countries are working               and democratic regime. While this usage has been
     towards a comprehensive, legally binding, global            common in political science since Aristotle, it is a
     agreement to tackle climate change. Reducing emis-          source of confusion in discussion of forest gover-
     sions from deforestation and forest degradation in          nance, where mention of a ’regime’ is sometimes
     developing countries (REDD+) has emerged as a               taken to mean coercive coordination. This is not the
     potentially crucial instrument to pursue the ultimate       sense of regime used in this report.
     objectives of UNFCCC in holding the increase in                 The development and application of the regime
     global temperature rise below 2 degrees Celsius             concept to international affairs by international re-
     above pre-industrial levels. REDD+ also holds the           lations scholars dates only from the mid-1970s. In
     potential to reduce greenhouse gas emissions, im-           1975 John Ruggie defined an international regime as
     prove the livelihoods of forest-dependent people,           “a set of mutual expectations, rules and regulations,
     to conserve biodiversity and to inject substantial          plans, organisational energies and financial com-
     new funding into forest management. Although it is          mitments, which have been accepted by a group of
     widely noted that to implement REDD+ within the             states” (Ruggie 1975: 570). Building on Ruggie’s
     framework of sustainable development strategies will        approach, Oran Young later defined international re-
     require broad institutional and governance reforms,         gimes as “social institutions governing the actions of
     it remains to be seen whether this transformational         those interested in specifiable activities (or meaning-
     change in the sector will be initiated. More to the         ful sets of activities) …regimes are social structures”
     point of this Report, it is still unclear how REDD+ is      (Young 1980: 332).
     going to be coordinated with the other forest related           However the most often-cited definition of an
     initiatives to achieve forests-focused goals. Forests       international regime is one put forward by the Stan-
     certainly are a means of storing carbon and a pool          ford scholar Stephen Krasner in the early 1980s
     of genetic resources and a source of livelihoods but        when he argued that international regimes are “sets
     they are much more than this. Coordinating these            of implicit or explicit principles, norms, rules and
     goals – along with many others – while remaining            decision making procedures around which actors’
     clearly focused on this ‘more’ is the challenge of          expectations converge in a given area of international
     forest governance                                           relations” (Krasner 1982: 186). The Krasner defini-
12                                                               tion formed the basis of a collection of papers on
                                                                 international regimes published in the journal In-
                                                                 ternational Organization (guest edited by Krasner).
                                                                 Ruggie’s definition is explicit that the members of



                         EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



an international regime are states (i.e. governments)      a single legally-binding instrument at one end and a
and only states. But later definitions, including that     very loose and barely coordinated set of governance
of Krasner, were broader, stressing that regimes are       arrangements at the other (Alter and Meunier 2006;
agreed to and constructed by a range of ’actors’,          Raustiala and Victor 2004).
thus admitting non-state actors such as business,              The extensive debate over the nature of inter-
non-governmental organisations (NGOs) and private          national regimes is by no means merely academic.
financial institutions.                                    The debate grew out of a desire to understand and
     Despite the emergence of this broader notion of       explain the development of multilateral governance
regime, discussions based on the Krasner definition        arrangements over the last 30 years. Its conclusion
tended to refer almost exclusively to collective ar-       that there are few, if any, comprehensive hard law
rangements agreed by states, such as the binding           regimes in the narrowest sense of the original regime
General Agreement on Tariffs and Trade/World               concept is a very important one for understanding
Trade Organization (GATT/WTO) international                forest governance. If regime complexes are the most
trade regime or the non-binding G7/G8/G20 regime           common type of governance arrangement, then the
for international finance (for example: Breitmeier et      international forest regime complex is not so differ-
al. 2006; Dimitrov 2003; Downie 2005; Downs 2000;          ent from the other multilateral regime complexes.
Hansenclever et al. 1997; Helm and Sprinz 2000;            Attention turns to meeting the particular challenges
Miles et al. 2002; Rittberger 1993; Vogler 2000;           of international forest governance rather than seeking
Young 1999). There was also often an assumption            to make the regime conform to an ideal that turns
among regime theorists that an international regime        out to be largely imaginary.
requires a multilateral legal framework overseen by
an institution of some sort, such as an international
organisation or treaty or a conference of parties. For     1.3.2 Emerging views on an inter-
example, the Vienna Convention on Ozone Depletion          national forest regime complex
of 1985 and Montreal Protocol to the Convention of
1987 and are usually considered synonymous with
the ‘international ozone regime’. The CBD, whose           By the mid-1990’s a view of an international for-
relevance to forest governance has already been            est regime complex had emerged that allows for
noted, is often used to denote the ‘international bio-     international policy dialogue and cooperation on an
diversity regime’, even though there are other bind-       issue to take place between a variety of state and
ing agreements that address biodiversity, including        non-state actors in the absence of a single multilat-
the Convention on International Trade in Endangered        eral legal agreement. This view found support from
Species of Flora and Fauna and the Ramsar Conven-          international forest policy experts and international
tion on Wetlands of International Importance.              environmental lawyers. In 1995, the same year that
     Thus, in the regime theory literature since Kras-     the IPF was created, for example, Richard Tarasof-
ner, there has been a distinct tendency to picture         sky argued that an international regime on forests
an international regime as a state-centric form of         existed, comprising international and regional legal
international cooperation grounded in ‘hard’ or bind-      instruments and non-legally binding soft law ones.
ing international law, such as a convention, protocol,     Tarasofsky later defined the international forest re-
agreement or other legally binding instrument. On          gime as “the totality of norms, rules, standards and
this reading of regimes, soft law alone is insuffi-        procedures, as expressed in international institutions
cient to constitute a regime and non-state actors have     and other acts” (Tarasofsky 1999: 3). At that time, he
tended to be relegated to the role of ’stakeholders’ to    identified three options for the future development
be consulted but hardly central players. This has led      of the regime: negotiating a convention on forests;
some observers to describe the international arrange-      negotiating a protocol on forests to the Convention
ment on forests as a ‘non-regime’ - defined as “trans-     on Biological Diversity; and making better use of
national policy arenas characterised by the absence        existing instruments (Tarasofsky 1995).
of multilateral agreements for policy coordination             In 1997 the existence of an international forest
among states” (Dimitrov et al. 2007: 231).                 regime complex along these lines was recognised
     In the opinion of this panel, the current framework   by the European Commission, in the context of a
for international forest governance is more accurately     report by the European Forest Institute on how the
described as a ‘regime complex’: a set of specialised      regime could be further strengthened. The authors of
regimes and other governance arrangements more             this report argued that ‘legal regime’ in this context
or less loosely linked together, sometimes mutu-           should not be used to imply a need for a specific
ally reinforcing but at other times overlapping and        legal instrument, but rather should be understood as     13
conflicting (Keohane and Victor 2010). A regime            encompassing the sum total of international instru-
complex exists somewhere towards the middle of a           ments and institutions that create the framework for
spectrum between a comprehensive regime based on           international action” (Glück et al. 1997:9).



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



         Over a decade ago, David Humphreys argued that         networks, business organisations, multinational cor-
     the international forest regime was founded upon           porations and other forms of private authority” (Oke-
     three broad sources:                                       reke et al. 2009: 60). As such, the actions of NGOs
                                                                in global governance parallels similar developments
     a) the growing body of soft international law focused      at the level of regions and states, where the practice
        on forests;                                             of governing on the basis of hierarchical authority is
     b) hard international legal instruments with a forest-     often observed existing side by side with new forms
        related mandate (such as the CBD and UNFCCC);           of coordination. Significantly, such new forms of
        and                                                     coordination or ‘governance arrangements’ are very
     c) voluntary private sector regulation, such as the        often found in response to challenges arising from
        Forest Stewardship Council principles for forest        the complexities of environment and sustainable de-
        management (Humphreys 1999).                            velopment (Lemos and Agrawal 2006) and have been
                                                                observed in forestry-related contexts at national and
     As the access and benefit sharing and REDD+                subnational levels (Howlett et al. 2009).
     developments clearly demonstrate, the international            Section III of Agenda 21 states that “one of the
     forest regime complex is a dynamic rather than a           fundamental prerequisites for the achievement of
     static entity. It is constantly evolving as new interna-   sustainable development is broad public participation
     tional declarations and instruments are agreed, often      in decision-making”, and that “the commitment and
     of the forest-related rather than the forest-focused       genuine involvement of all social groups” is “critical
     kind. However, what has really made an accurate            to the effective implementation of the objectives,
     characterisation of the international forest regime        policies, and mechanisms agreed to by governments
     complex so much more difficult has been the devel-         in all programme areas of Agenda 21.” The CSD,
     opment already noted by Humphreys in connection            further enshrined the important role of major groups
     with voluntary private sector regulation. A key driver     in intergovernmental deliberations and as such rep-
     of change is the growing acceptance of the view            resented a significant change in the attitude of the
     that forest problems cannot be addressed purely by         United Nations system to stakeholder participation
     governmental and intergovernmental agreements.             in intergovernmental policy discussions. Since the
     While the role that states play through intergovern-       CSD’s creation in 1992, CSD meetings have pro-
     mental organisations remains an important compo-           vided innovative spaces for the participation of the
     nent of the forest regime, the regime complex now          range of non-government actors with the overall
     includes non-governmental actors, both for-profit          purpose of informing the Commission’s decision-
     and not-for-profit. A state-centric definition of in-      making processes.
     ternational regimes is increasing questioned, both             The IPF/IFF proposals for action reflected this
     in the international relations literature (Betsill and     recognition of the important contribution of a range
     Corell 2007; Cutler 2002; Falkner 2003; Humphreys          of stakeholders in sustainable forest management,
     1996; Joyner 2005; McCormick 1999; O’Neill 2009)           including forest owners and managers and for-
     and in international institutions themselves. The role     est dependent local and indigenous communities.
     of non-nation state actors in international politics       Many countries participating in criteria and indica-
     and policy is the starting point for discussions of a      tors processes have operationalised this recognition
     broader concept of forest governance.                      by involving national and subnational stakeholders
                                                                in criteria and indicator (C&I) implementation. The
                                                                UNFF has followed the CSD model of inclusiveness
     Beyond the International Regime Complex:                   interacting with major groups by convening multi-
     the evolving role of non-government actors                 stakeholder dialogues with governments, organising
                                                                panels on key issues to major groups, supporting side
     Beginning with UNCED, there has been a recogni-            events and providing financial support to participants
     tion that problems and issues related to sustainable       from developing and transition countries.
     development, including forest issues, cannot be ad-            In addition to efforts at broader inclusion in in-
     dressed solely by governments through intergovern-         tergovernmental processes, public-private partner-
     mental agreements, and that non-government actors,         ships and corporate-NGO partnerships have become
     both for-profit and not-for-profit, have a vital role to   common in the forests arena. Inclusion has gener-
     play other than as sources of advice and legitima-         ated funding and capacity for policy implementa-
     tion for state-led processes. The growing significance     tion on the ground and supported moves towards
     of policy coordination at a global level by actors         decentralised implementation of SFM. For example,
14   without formal authority to do so is captured by           the Congo Basin Forest Partnership (CBFP) and the
     the term ‘governance´’. Governance is conducted            Asia Forest Partnership (AFP) were both launched
     by international organisations, but also by “global        at the World Summit on Sustainable Development in
     social movements, NGOs, transnational scientific           Johannesburg in 2002, which gave special attention



                        EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



 Box 1.1 Key terms

 Governance: any effort to coordinate human ac-              Regime complex: a set of specialized regimes
 tion towards goals. In the common distinction           and other governance arrangements that are more
 between government and governance, the latter is        or less loosely linked together, sometimes mutu-
 usually taken to refer specifically to coordination     ally reinforcing but at other times overlapping and
 mechanisms that do not rest on the authority and        conflicting (Keohane and Victor 2010).
 sanctions possessed by states (Stoker 1998), but            Institutions: the rules of the game in society or,
 the report uses “governance” in the broadest sense      more formally, are the humanly devised constraints
 of coordination.                                        that shape human interaction (North 1990:3).
     International regime: a set of governance ar-           Organisations: very distinctive institutions with
 rangements for an issue area usually based on some      formal rules of membership and practice, embed-
 form of agreement by states. The standard definition    ded in the larger context of institutions as rules and
 is provided by Krasner (1982): “sets of implicit or     expectations. For example, the institutionalised be-
 explicit principles, norms, rules and decision mak-     haviour of seeking to conclude international agree-
 ing procedures around which actors’ expectations        ments to solve common problems rather than acting
 converge in a given area of international relations”.   unilaterally has created a number of organisations,
 An international regime is thus much more than just     most notably those that make up the UN system.
 a set of organisations and could in principle exist     Institutions in the broad sense used here are thus
 without any formal organisations at all.                to be distinguished from the much narrower sense
                                                         of institutions as organizations.



to the roles of public-private partnerships in promot-   rule-making and the development of norms and ex-
ing sustainable development. The CBFP, currently         pectations. The private rule making found in the vari-
facilitated by Germany, has generated significant ad-    ous certification schemes for sustainably-produced
ditional funding to support forest conservation and      forest products is only the tip of the iceberg in this
sustainable forest based livelihoods in the region.      respect.
    A number of regional and international initia-            Thus, while it may have been possible in the past
tives have also emerged that are focused on grass        to conduct an assessment of the international forest
roots and community approaches to engaging local         regime by focusing solely on the actors, institutions
people in addressing forest issues. These include,       and instruments found at the core of the regime
inter alia, Forest Connect (IIED, FAO, PROFOR,           complex (Tarasofsky 1999), a broader kind of as-
NFP Facility), Growing Forest Partnerships (FAO,         sessment is now required. This assessment seeks to
IUCN, World Bank, IIED), Rights and Resources            accommodate the rapidly expanding and increasingly
Initiative, Responsible Asia Forestry and Trade, and     diverse set of actors, institutions and ideas seeking
The Forests Dialogue (in partnership cooperation         to coordinate action with respect to forests. While,
with UNFF). Existing grass roots initiatives are         in the technical language of political science, it may
also strengthening their international engagement,       still be appropriate to refer to them as components of
especially in the REDD context, including the Asia-      the international forest regime complex, we use the
Pacific Center for People and Forests, Coordinating      more accessible phrase ‘international forest gover-
Association of Indigenous and Community Agrofor-         nance’. The definitions of the key concepts used in
estry in Central America, Global Alliance of Com-        this report are given in Box 1.1.
munity Forestry and International Family Forestry
Alliance, to name only a few.
    However, the introduction of new actors and          1.3.3 Expert panel’s view on inter-
new ideas, while important, can often obscure the        national forest governance
challenges that a more participatory kind of global
forest governance entails. Governance as coordina-
tion necessarily involves institutions. Participatory    The panel takes the view that the current set of inter-
governance relationships are being institutionalised     national forest governance arrangements is best seen
in a variety of ways, creating new structures, such      as a complex hybrid mix of international law, soft
as transnational policy networks and partnerships.       law, and non-government performance-based mea-
While the blurring of boundaries between pub-            sures. Some are forest focused and others forest re-
lic and private in these networks and partnerships       lated. As discussed in chapter 2, these arrangements      15
has raised concerns about legitimacy, new kinds of       are now much more numerous and more complex
‘entanglements’ (Porter 2009) are constantly being       than those considered in previous reviews and as-
generated and subsequently institutionalised through     sessments. They include:



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



     a) Non-legally binding declarations, principles,               Often, of course, governance problems are identi-
        statements, decisions, resolutions and other instru-    fied at national and subnational levels in the context
        ments reflecting political commitments focused          of ‘good governance’. In many developing countries,
        on forests, including the NLBI, other decisions         for examples, the distribution of rights to forestlands
        of the UNFF, IPF/IFF proposals for action, the          and resources is unclear and the laws governing for-
        Forest Principles and Chapter 11 of Agenda 21           est use may be incomplete and poorly enforced. The
     b) Legally binding conventions, agreements and             report argues that the establishment of institutions
        other instruments with significant forest-related       and decision-making processes that are widely ac-
        provisions, including the CBD, UNFCCC, UN-              cepted as just and legitimate is a necessary condition
        CCD, CITES, Ramsar, as well as legally bind-            to the solution of these problems. International for-
        ing agreements and other instruments with the           est governance, by developing consensus about the
        potential to influence forests indirectly, such as      institutional and procedural measures necessary to
        LRTAP                                                   improve forest conditions and livelihoods is a key
     c) Treaty-based organisations and institutions with        part of this process. For example, the desire by an
        significant forest-related mandates and programs        increasing number of diverse stakeholders to have
        or with the potential to affect forests, including      their voices heard before outcomes are regarded as
        CIFOR, FAO, ICRAF, ITTO, World Bank, GEF,               legitimate is both endorsed and given practical ex-
        NFP Facility and WTO                                    pression in international forest governance. Inter-
     d) Other relevant organisations, institutions, net-        national forest governance contributes to the setting
        works and processes, including GBIF, IUCN,              of global goals that define key forest problems as
        IUFRO, UNEP and UNDP                                    worthy of attention and provides a number of pro-
     e) Performance-based international initiatives of          cedures and venues for learning about the appropri-
        NGOs and other Major Groups, including in-              ate choice of policy instruments to solve them. An
        ternational certification schemes, such as FSC,         important feature of is often complex governance is
        Smartwood, and PEFC and industry codes of               the ‘spillover’ effect among its components, whereby
        conduct, such as the work of WBCSD                      the objectives, principles and decisions elaborated
     f) Regional organisations, institutions, instruments,      in one international instrument may subsequently be
        processes, initiatives and networks, including          expressed in later international instruments.
        ACTO, African Forest Forum, AFP, ASEAN,                     Nonetheless, the complexity of forest problems
        ATO, SADC, CBFP, Forest Europe, EFI, regional           rules out simple governance solutions. The interna-
        C&I initiatives, regional FLEG processes, FLEGT         tional forest policy community has pursued a num-
        and regional certification programmes such as           ber of these ’quick fixes’ over the last two decades
        SFI                                                     with equally disappointing results. This report will
     g) New ‘entanglements’ – clubs of states, learning         argue that the immediate effect of the developments
        platforms and collaborations, including REDD+           described in the previous section has been to inten-
        partnerships, round tables, IBPES.                      sify the value conflicts generated by an increasingly
                                                                diverse group of stakeholders making it more dif-
                                                                ficult to achieve agreement on either goals or the
     1.4 The challenge of                                       most appropriate means to achieve them. This kind
                                                                of complexity generates the familiar phenomenon of
     complexity: why international                              wicked problems. Emerging “at the juncture where
     forest governance matters                                  goal-formulation, problem definition and equity is-
                                                                sues meet” (Rittel and Webber 1973: 156), wicked
     The report’s main message is that global forest gov-       problems are open ended, defying efforts to delineate
     ernance matters. It matters now because, while there       their boundaries and preventing disaggregation into
     are valuable new initiatives in play with real potential   a series of less complex and more easily manage-
     to sustain the world’s forests, many, if not most of       able components (Ludwig 2001; Nie 2003). Current
     these initiatives will have a forest impact but not a      trends suggest that forests are increasingly likely to
     forest focus. Whether their focus is actually climate      be found at the intersection of an ever-more-complex
     change mitigation, human development, biodiversity         web of cross cutting issues. These complex interlink-
     conservation or trade, they require a more effective       ages will likely persist and become even more com-
     approach to coordination if they are ultimately to         plex over time (Hoogeveen and Verkooijen 2010).
     improve forest conditions and livelihoods as well          The wicked problems of international forest gov-
     as achieve their own goals. These developments will        ernance thus demand that we embrace complexity
16   continue to take place and the global forest policy        rather than attempt to simplify and disaggregate.
     community does not have the luxury of waiting to
     address the resulting governance challenges in its
     own time.



                        EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
I INTRODUCTION



With the goal of embracing complexity in mind, the        References
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gency of the need to create forest focused governance          Sustainable Development Diplomacy: Lessons Learned from
                                                               Global Forest Governance. Doctoral thesis, Wageningen
arrangements that include within their scope the full
                                                               University.
range of actors and institutions with the potential to    Howlett, Michael, Jeremy Rayner, and Chris Tollefson. 2009.
solve forest problems. We call this all-round forest           From Government to Governance in Forest planning? Lessons
governance approach ’Forests+’.                                from the Case of the British Columbia Great Bear Rainforest
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18




                           EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
2 Mapping the core actors and issues
  defining international forest governance

                       Coordinating lead author: Constance L. McDermott

           Lead authors: David Humphreys, Christoph Wildburger and Peter Wood

           Contributing authors: Emmanuel Marfo (African regional instruments),
                 Pablo Pacheco (Latin American regional instruments) and
                       Yurdi Yasmi (Asia-Pacific regional instruments)

           Abstract: This chapter maps the core actors and issues defining international for-
           est governance across a landscape of contemporary social and environmental chal-
           lenges. The existence of multiple competing frameworks for charting this landscape
           highlight the politically contested nature of forest conservation and use. In order to
           avoid the risk of bias by adopting one of these pre-existing frameworks, the analysis is
           conducted using six generic environmental and socio-economic themes. The mapping
           exercise reveals that the involvement of diverse public and private actors both within
           and outside the forest sector and within and outside formal government negotiations,
           at both regional and global scales, has enabled a relatively comprehensive set of aspi-
           rational goals to emerge. However, conflicting actor interests and values continue to
           constrain the translation of these goals into coordinated mandates for on-the-ground
           action. The integration of forests into the international climate regime is a potential
           ‘win–win’ solution to cross-sectoral forest-related challenges because it enables the
           establishment of a global system of economic incentives tied to emissions reductions.
           However, attempts to operationalise these incentives reveal familiar, ongoing conflicts
           over the environmental and social valuation of forests. Regional and non-governmental
           experimentation may prove vital to overcoming these longstanding barriers to global-
           scale coordinated action on forests.


           Keywords: Forest, climate, international, governance, biodiversity, social welfare,
           deforestation, REDD.
                                                  ■


2.1. Introduction                                             The chapter is organised as follows. Section 2.2
                                                          discusses three perspectives that might be used to
This chapter provides a broad overview or ‘map’ of        identify key international actors. Sections 2.3 and
the key actors and issues that currently define inter-    2.4 introduce and apply a thematic framework for as-
national forest governance. Its purpose is threefold.     sessing the core environmental, social and economic
First, it situates forest governance within the broader   forest-related goals articulated in global-scale agree-
landscape of bio-physical and socio-economic prob-        ments and the actors most involved in placing these
lems of international concern. Second, it identifies      goals on the global agenda. Section 2.5 assesses the
the range of key actors who are instrumental in           role of regional and international criteria and indi-
placing these issues on international agendas and in      cator processes, and forest certification, as forums
framing and contesting responses. Third, it assesses      exclusively focused on the definition and monitoring
the comprehensiveness of the goals and frameworks         of sustainable forest management (SFM). Section 2.6
established thus far through international agreement      discusses regional processes in Africa, Asia-Pacific,     19
and the lessons that can be learned about the role of     Europe and Latin America and their interaction with
diverse actors in addressing the full scope of inter-     global-scale agendas. The chapter concludes with a
national forest-related challenges.                       summary of key findings.



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
2 MAPPING THE CORE ACTORS AND ISSUES...



         As echoed in the title of this report, the sheer       as the Center for International Forest Research (CI-
     complexity of international forest governance pre-         FOR). It also considers cross-organisational partner-
     cludes an exhaustive analysis of all potentially rel-      ships such as the Collaborative Partnership on Forests
     evant international goal-setting activities. We encour-    (CPF) and the influence of participating actors from
     age readers interested in more in-depth coverage of        international development and financial institutions
     specific substantive issues to consult the primary and     such as the Food and Agriculture Organization of the
     secondary sources cited in the text. In addition, Ap-      United Nations (FAO) and the World Bank. It also
     pendix 1 provides a list and brief description of key      takes into account the political dynamics that led
     global, regional and non-state international forest-       many non-governmental organisations (NGOs) to
     related instruments. Most importantly, we encourage        jointly create the Forest Stewardship Council (FSC)
     the full range of concerned stakeholders to engage         as the first global certification scheme.
     in analyses of the kind presented in this chapter in           Staff and personnel may move among the various
     order to facilitate the multi-actor, multi-scale and       actors involved in forest governance. Often experts
     cross-sectoral learning that is essential for addressing   and advisors are invited to serve on national delega-
     contemporary forest-related challenges.                    tions. It is not uncommon for delegations to include
                                                                trade advisors from business, conservation advisors
                                                                from environmental NGOs, and policy advisors from
     2.2 Defining the key actors                                the university sector. Delegations may be subject,
                                                                therefore, to multiple influences, both within and
                                                                outside government. Within forest-related intergov-
     A vast range of actors is involved directly and/or         ernmental organisations, various caucus groups have
     indirectly in international forest governance, and a       emerged who undertake negotiations as blocs; they
     variety of conceptual frameworks may be used to un-        include the Group of 77 Developing Countries (G77)
     derstand their various roles. A realist, ‘state-centric’   + China at the UNFF and the Like Minded Mega-
     framework (e.g. Bull 1977) focuses on the actions          diverse Countries at the Convention on Biological
     of national governments as the entities empowered          Diversity (CBD). The European Union (EU) acts
     to make decisions within formal intergovernmen-            as a sui generis actor, the sole regional economic
     tal negotiations. This perspective highlights power        integration organisation in the United Nations sys-
     struggles among nations in which actors negotiate to       tem, with political authority divided between the
     maintain or improve the advantage of their countries       Presidency (for issues that are the subject of member
     relative to other countries.                               state competence) and the European Commission
         In contrast, a transgovernmentalism perspec-           (for issues that are the subject of community com-
     tive (Slaughter 2004) draws attention to the various       petence). The dynamics between the Presidency and
     ministries that attend forest-related intergovernmen-      the Commission are key to understanding European
     tal forums and their differing priorities and objec-       forest politics.
     tives. Within the United Nations Forum on Forests              Political power is dispersed unevenly among
     (UNFF), for example, some delegations are led by           these various actors, with countries with high for-
     forestry departments, some by foreign offices, some        est cover (such as Brazil) and countries with major
     by trade ministries and some by United Nations mis-        forest-based industries (such as the United States of
     sions. According to a transgovernmentalism view,           America) tending to exercise more influence on polit-
     there is an international forest policy community that     ical negotiations than smaller, economically weaker
     transcends national boundaries and includes other          countries. When international negotiations stall, a
     actors, such as scientists and other experts. It draws     small group of ‘friends of the chair’ may be invited
     attention to the possible conflicts that may emerge        to convene to work on compromise text. The exact
     between international forest-related processes and         membership of friends-of-the-chair groups varies,
     intergovernmental organisations such as the World          but within the UNFF it typically includes the United
     Trade Organisation (WTO).                                  States, the EU, the G77 (with Brazil and China also
         A pluralist view highlights the role of differ-        invited) and possibly representatives of the African
     ent stakeholder groups, including local community          Group and the Association of Southeast Asian Na-
     groups, indigenous peoples, forest owners, timber          tions (ASEAN).
     companies, the retail sector, farmers and other actors.        These three perspectives on key international ac-
     It encompasses both governmental and non-govern-           tors combine to yield a view of international forest
     mental organisations, including hybrid organisations       governance as dynamic and evolving. Policy out-
     such as the International Union for Conservation of        puts are the result of an inherently political process
20   Nature (IUCN), entirely non-governmental organi-           whereby delegations cooperate in the shared endeav-
     sations such as the World Wide Fund for Nature             our of developing forest policy while simultaneously
     (WWF), the Forest Peoples Programme and Global             competing to promote narrower national and sectoral
     Witness, universities, and research institutes such        interests driven by political pressures, lobbying and



                         EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
2 MAPPING THE CORE ACTORS AND ISSUES...



influence from other actors. Policies agreed outside       mental frameworks such as the regional criteria and
governmental and intergovernmental organisations,          indicator processes. Others, however, have explicitly
such as the principles of forest certification, may also   rejected such frameworks in favour of their own; the
influence the standards and policies of governmental       FSC, for example, has developed ten principles for
actors. Taken together, the goals identified in both       well-managed forests (see Section 2.5).
governmental and non-governmental agreements are               Given the level of political contention surround-
the result of political pressure and lobbying; inevi-      ing existing institutionalised frameworks we have
tably, therefore, they are the result of compromises,      chosen not to rely exclusively on any of them. In-
concessions and accommodations.                            deed, in the process of drafting this report it became
                                                           clear just how strongly many actors associate each
                                                           framework with a particular set of interests; to use
2.3 Mapping key forest-related                             one or the other, therefore, risked alienating a large
                                                           segment of our desired readership. This widespread
goals                                                      contention over the framing of forest problems, no
                                                           matter how generally or broadly stated they may
The creation of a legible overview or ‘map’ of core        appear, highlights the essential roles that ideas and
international forest-related goals requires a clear or-    discourse play in international forest governance – a
ganisational framework. By its very nature, however,       theme developed in greater depth in Chapter 4 and
any framework may prioritise certain actors, issues,       Chapter 5.
values or perspectives while excluding others. In-             In the absence of a universally accepted frame-
evitably, therefore, whatever framework this chapter       work we have developed a hybrid approach that draws
adopts will be open to contention. We acknowledge          from the range of available discursive frames. This
the importance of these debates and observe that           enables a comprehensive assessment of the biophysi-
the very absence of a universally agreed framework         cal, socio-economic and institutional dimensions of
highlights the deeply politically contested nature of      international forest-related goals, organised under
forest conservation and use.                               the following three dimensions and six themes:
    One highly influential frame for forest-related
issues is the ‘three-legged stool’ of sustainability       ● Biophysical
popularised by the Brundtland Commission’s report            Theme 1: Forest extent and land-use change
“Our Common Future” (UN 1987). According to                  Theme 2: Ecosystem processes (including forest
this metaphor, environmental, social and economic            degradation/restoration)
needs form separate legs of a stool, each of which           Theme 3: Biodiversity
must have equal weight to achieve sustainable re-          ● Socio-economic
source use. However, as discussed further in Chap-           Theme 4: Economic development (including inter-
ter 5, this metaphor is increasingly contested. At           national trade and investment and resource trans-
an abstract level it has been criticised for imply-          fer from developed to developing countries)
ing that unlimited economic growth is achievable             Theme 5: Social welfare (including livelihoods
as long as it is ‘balanced’, and for failing to make         and poverty alleviation, access and benefit-shar-
clear that some, although not necessarily all, trade-        ing, indigenous rights and workers’ rights)
offs between environmental, social and economic            ● Institutional
priorities may result in environmental degradation.          Theme 6: Governance.
As a classification framework, the stool metaphor
is problematic because the legs are interactive and        Our treatment of the institutional dimension focuses
thus a given resource management issue may not fit         on the ways in which problems of forest governance
exclusively into a single leg.                             have been framed as international issues. We do not
    More specialised frameworks have emerged               attempt to cover the myriad procedural mechanisms,
within various institutional settings that we could,       such as international and national planning, monitor-
in theory, use to analyse the coverage and compre-         ing and reporting, that various global and regional
hensiveness of the international forest regime. These      processes have developed to operationalise their
include intergovernmental frames such as the Millen-       substantive goals; these are addressed in Chapter 4
nium Development Goals of the World Summit on              and subsequent chapters.
Sustainable Development, the programmatic areas
and goals of the CBD’s Programme of Work (dis-
cussed in Chapter 3), and the seven thematic elements
of SFM developed by the CPF (discussed in Section                                                                   21
2.5). Some non-state actors, such as those support-
ing the Programme for the Endorsement of Forest
Certification (PEFC), have embraced intergovern-



EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance
Report IUFRO Embracing complexity: Meeting the challenges of international forest governance

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Report IUFRO Embracing complexity: Meeting the challenges of international forest governance

  • 1. International Union of Forest Research Organizations Union Internationale des Instituts de Recherches Forestières Internationaler Verband Forstlicher Forschungsanstalten Unión Internacional de Organizaciones de Investigación Forestal iUfro World series vol. 28 Embracing complExity: mEEting thE challEngEs of intErnational forEst govErnancE A Global Assessment Report Prepared by the Global Forest Expert Panel on the International Forest Regime Editors: Jeremy Rayner, Panel Chair Alexander Buck, IUFRO Executive Director Pia Katila, Content Editor This publication has received funding from the Ministry for Foreign Affairs of Finland, the Swiss Agency for Development and Cooperation, the United States Forest Service, the Austrian Federal Ministry of Agriculture, Forestry, Environment and Water Manage- ment and the Dutch Ministry of Economic Affairs, Agriculture and Innovation. The views expressed within this publication do not necessarily reflect official policy of the governments represented by these institutions. publisher: international Union of forest research organizations (iUfro)
  • 2. Recommended catalogue entry: Jeremy Rayner, Alexander Buck & Pia Katila (eds.). 2010. Embracing complexity: Meeting the challenges of international forest governance. A global assessment report. Prepared by the Global Forest Expert Panel on the International Forest Regime. IUFRO World Series Volume 28.Vienna. 172 p. isbn 978-3-902762-01-6 issn 1016-3263 Published by: International Union of Forest Research Organizations (IUFRO) Available from: IUFRO Headquarters Secretariat c/o Mariabrunn (BFW) Hauptstrasse 7 1140 Vienna Austria Tel: +43-1-877-0151-0 E-mail: office@iufro.org Web site: www.iufro.org/ Language editor: Alastair Sarre Lay out: Seppo Oja Cover photographs: Metla/Erkki Oksanen, Matti Nummelin, LeoFFreitas/Flickr/Getty Images Printed in Finland by Tammerprint Oy, Tampere, 2010
  • 3. preface T he present volume is the second in the series of reports commissioned by the Collaborative Partnership on Forests’ Global Forest Expert Panels lihoods. Nonetheless, there is an undeniable sense that the regime as a whole is failing. Rates of defor- estation, though declining overall, show significant initiative. Following the highly successful report on regional variations and remain “alarmingly high” ac- Adaptation of Forests and People to Climate Change, cording to the latest State of the Forests report by the presented to UNFF 8 in 2009, the members of the United Nations Food and Agriculture Organization. GFEP Steering Committee approved the topic of “the Non-state actors are conspicuous by their absence international forest regime” for a new panel in the fall in many of the key initiatives and have their own is- of the same year. More than 30 experts in political sue networks existing alongside the regime. Much science, policy studies, law and international rela- is going on at local, national and regional levels that tions agreed to take part and met for the first time is not reflected in the regime’s outputs. In short, the in Vienna in December 2009. A subsequent meet- effect of the international forest regime is rather less ing of the whole panel was held in Nairobi in July than the sum of its many parts. 2010 and smaller groups gathered in Singapore, New More than forty years ago, the distinguished phi- York and Washington DC. Every effort was made losopher and social scientist Donald Schoen wrote to draw panel members from around the world with that “we must become able not only to transform different experiences and points of view. A similar our institutions in response to changing situations effort pulled together a blue-ribbon team of review- and requirements; we must invent and develop in- ers from universities, research organizations, govern- stitutions which are ‘learning systems’, that is to ments and international organizations whose careful say capable of bringing about their own continuing scrutiny of the draft report resulted in the removal transformation.” In seeking to understand what has of many errors and a significant improvement in the gone wrong with international forest governance and clarity and direction of this document. Indispensable how it can be put right, the panel has avoided taking administrative support for the panel was provided by positions on the various issues of instrument choice the IUFRO Secretariat under the direction of Alexan- and organizational reform currently exercising the der Buck. The report was language edited by Alastair chief actors in the international forest regime. We Sarre and the whole editorial process overseen by have, instead, directed our efforts towards reconceiv- Pia Katila. This is truly a collaborative effort and ing the regime as a forest-focused learning system could not have been achieved without remarkable of the kind imagined by Schoen. It is my hope that collegiality and teamwork. I would like to extend those with the responsibility for forest governance at my deepest thanks to everyone involved, almost all all levels will find this report, and its accompanying of whom voluntarily took on what turned out to be policy brief, a useful guide to the complexities of the a considerable burden in addition to their existing regime as it currently stands and a source of inspira- professional obligations. tion for setting in motion the “continuing transforma- The topic of the international forest regime is a tion” which embraces this complexity, turning it from complex one. At the heart of regime are a number of source of weakness to a source of strength. international organizations with different mandates and capacities, all of whom are rightly proud of their Jeremy Rayner achievements in raising awareness of the threats to the world’s forests and adopting instruments and pro- Chair of the Expert Panel on grams designed to protect forest conditions and live- the International Forest Regime 3 Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
  • 4. Acknowledgements This publication is the product of the collaborative We also gratefully acknowledge the generous fi- work of scientist and experts who acted as authors in nancial and in-kind support provided by the Ministry different capacities. We express our sincere gratitude for Foreign Affairs of Finland, the Swiss Agency to all of them: B.J.M. (Bas) Arts, Steven Bernstein, for Development and Cooperation, the United States Benjamin Cashore, Deborah S. Davenport, Peter Forest Service, the Austrian Federal Ministry of Ag- Glück, Michael Howlett, Constance L. McDermott riculture, Forestry, Environment and Water Manage- (coordinating lead authors); Arild Angelsen, Marie ment, and the Dutch Ministry of Economic Affairs, Appelstrand, Samuel Assembe-Mvondo, Graeme Agriculture and Innovation. Auld, Janette Bulkan, Richard Eba’a Atyi, Reem Furthermore, we would like to thank the GFEP Hajjar, Patrick D. Hardcastle, Eva Heidbreder, Karl Steering Committee for providing overall guidance Hogl, Hans Hoogeveen, David Humphreys, Daniela and generous in-kind support: the International Union Kleinschmit, Ahmad Maryudi, Kathleen McGinley, of Forest Research Organizations (IUFRO), the Food Kathleen McNutt, Ravi Prabhu, Helga Pülzl, Patrick and Agriculture Organization of the United Nations Verkooijen, Ingrid J. Visseren-Hamakers, Christoph (FAO), the Secretariat of the United Nations Forum Wildburger, Peter Wood, Yurdi Yasmi (lead authors); on Forests (UNFF), the Secretariat of the Convention and Tim Cadman, Thomas Enters, Daniela Goehler, on Biological Diversity (CBD), the Center for Inter- Lars Gulbrandsen, Shashi Kant, Robert Kozak, Kelly national Forestry Research (CIFOR), and the World Levin, Emmanuel Marfo, Pablo Pacheco, Frederic Agroforestry Centre (ICRAF). Our special thanks go Perron-Welch, Mark Purdon, Olivier Rukundo, Irene to the IUFRO Secretariat for providing indispensable Scher, Michael W. Stone, Luca Tacconi (contributing administrative and technical support to the work of authors). Without their voluntary efforts and com- the Panel. We are particularly grateful also to the mitments the preparation of this publication would Secretariat of the United Nations Forum on Forest, not have been possible. the United Nations Environment Programme, The We acknowledge and also sincerely thank the World Bank, and the Lee Kuan Yew School of Public reviewers of the full report and the various chapters Policy, National University of Singapore for hosting whose comments have greatly improved the quality expert meetings. of this publication: Stephanie Caswell, Frank Bier- We are grateful for Seppo Oja for designing mann, Juergen Blaser, Gerard Buttoud, Katarina and preparing the lay out of this publication and for Eckerberg, Fred Gale, Jan Heino, A.A. Hezri, John Alastair Sarre for language editing. Hudson, Maria Ivanova, Niels Elers Koch, Max Krott, John Palmer, Michael Pregernig, Ewald Ram- Jeremy Rayner Alexander Buck Pia Katila etsteiner, Ulrich Schraml, Harri Siiskonen, Markku Panel Chair IUFRO Executive Content Simula, Ilpo Tikkanen, Adam Wellstead and Willi Director Editor Zimmermann. 4 Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
  • 5. contents preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Coordinating lead author: Jeremy Rayner Lead authors: David Humphreys, Frederic Perron Welch, Ravi Prabhu and Patrick Verkooijen 2 mapping the core actors and issues defining international forest governance . . . 19 Coordinating lead author: Constance L. McDermott Lead authors: David Humphreys, Christoph Wildburger and Peter Wood Contributing authors: Emmanuel Marfo (African regional instruments), Pablo Pacheco (Latin American regional instruments) and Yurdi Yasmi (Asia-Pacific regional instruments) 3 core components of the international forest regime complex . . . . . . . . . . . . . . . . . 37 Coordinating lead author: Peter Glück Lead authors: Arild Angelsen, Marie Appelstrand, Samuel Assembe-Mvondo, Graeme Auld and Karl Hogl Contributing authors: David Humphreys and Christoph Wildburger 4 Discourses, actors and instruments in international forest governance . . . . . . . . . 57 Coordinating lead author: Bas Arts Lead authors: Marie Appelstrand, Daniela Kleinschmit, Helga Pülzl and Ingrid Visseren-Hamakers Contributing authors: Richard Eba’a Atyi,Thomas Enters, Kathleen McGinley and Yurdi Yasmi 5 forests and sustainability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Coordinating lead author: Deborah Davenport Lead authors: Janette Bulkan, Reem Hajjar and Patrick Hardcastle Contributing authors: Samuel Assembe-Mvondo, Richard Eba’a Atyi, David Humphreys and Ahmad Maryudi 6 overcoming the challenges to integration: embracing complexity in forest policy design through multi-level governance . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Coordinating lead author: Michael Howlett Lead author: Jeremy Rayner Contributing authors: Daniela Goehler, Eva Heidbreder, Frederic Perron-Welch, Olivier Rukundo, Patrick Verkooijen and Christoph Wildburger 7 Examination of the influences of global forest governance arrangements at the domestic level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Coordinating lead authors: Steven Bernstein and Benjamin Cashore Lead authors: Richard Eba’a Atyi, Ahmad Maryudi and Kathleen McGinley Contributing authors:Tim Cadman, Lars Gulbrandsen, Daniela Goehler, Karl Hogl, David Humphreys, Shashi Kant, Robert Kozak, Kelly Levin, Constance McDermott, Mark Purdon, Irene Scher, Michael W. Stone, Luca Tacconi and Yurdi Yasmi 8 conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Coordinating lead author: Jeremy Rayner Lead authors: Hans Hoogeveen, Kathleen McNutt and Patrick Verkooijen Contributing author: Christoph Wildburger appendix 1 preparatory study for the cpf Expert panel on the international forest regime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 appendix 2 authors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 5 Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
  • 6.
  • 7. acronyms and abbreviations a/r Afforestation/Reforestation iUcn International Union for Conservation of abs Access and Benefit Sharing Nature acto Amazon Cooperation Treaty lEi Indonesian Ecolabelling Institute Organization lrtap Long-Range Transboundary Air Pollution afp Asia Forest Partnership mcpfE Ministerial Conference on the Protection asEan Association of Southeast Asian Nations of Forests in Europe ato African Timber Organization moU Memorandum of Understanding c&i Criteria and Indicators mrv Monitoring, Reporting and Verification cbD Convention on Biological Diversity nbsaps National Biodiversity Strategies and cbfp Congo Basin Forest Partnership Action Plans cDm Clean Development Mechanism nfp National Forest Programmes cEr Certified Emission Reduction ngo Non-Governmental Organization cifor Center for International Forestry nlbi Non-Legally Binding Instrument on Research All Types of Forests citEs Convention on International Trade oEcD Organization for Economic Cooperation in Endangered Species of Wild Fauna and Development and Flora pEfc Programme for the Endorsement of comEsa Common Market for Eastern and Forest Certification Southern Africa poW Program of Work comifac Central African Forest Commission profor Programme on Forests cop Conference of the Parties rEDD Reducing Emissions from Deforestation cpf Collaborative Partnership on Forests and Forest Degradation csD Commission on Sustainable Development saDc South African Development Community csr Corporate Social Responsibility sfi Sustainable Forestry Initiative Ecosoc United Nations Economic and sfm Sustainable Forest Management Social Council slimfs Small and Low Intensity Managed Forests Efi European Forest Institute sps The Agreement on the Application of EU European Union Sanitary and Phytosanitary Measures fao Food and Agricultural Organization of tbt Technical Barriers to Trade the United Nations trips Agreement on Trade-Related Aspects of fcpf Forest Carbon Partnership Facility Intellectual Property Rights fip Forest Investment Program Un United Nations flEg Forest Law Enforcement and Governance UnccD United Nations Convention to Combat flEgt Forest Law Enforcement, Governance Desertification and Trade UncED United Nations Conference on fpic Free Prior and Informed Consent Environment and Development fsc Forest Stewardship Council UnDp United Nations Development gatt General Agreement on Tariffs and Trade Programme gbif Global Biodiversity Information Facility UnDrip United Nations Declaration gEf Global Environment Facility on the Rights of Indigenous Peoples gfEp Global Forest Expert Panel UnEcE United Nations Economic Commission ghg Greenhouse Gases for Europe gtZ German Technical Cooperation UnEp United Nations Environment Programme ibpEs Intergovernmental Platform on Unfccc United Nations Framework Convention Biodiversity and Ecosystem Services on Climate Change icraf World Agroforestry Centre Unff United Nations Forum on Forests iff Intergovernmental Forum on Forests Un-rEDD programme United Nations iiED International Institute for Environment Collaborative Programme on Reducing and Development Emissions from Deforestation and Forest ilo International Labor Organization Degradation in Developing Countries imf International Monetary Fund vpa Voluntary Partnership Agreement ipcc Intergovernmental Panel on vpn Virtual Policy Network Climate Change WbcsD World Business Council for Sustainable ipf Intergovernmental Panel on Forests Development iso International Organization for WcED World Commission on Environment Standardization and Development iUfro International Union of Forest Research Wri World Resources Institute Organizations Wta World Trade Agreement 7 itta International Tropical Timber Agreement Wto World Trade Organization itto International Tropical Timber WWf World Wildlife Fund for Nature Organization Embracing complExity: mEEting thE challEngEs of intErnational forEstgovErnancE
  • 8.
  • 9. 1 Introduction Coordinating lead author: Jeremy Rayner Lead authors: David Humphreys, Frederic Perron Welch, Ravi Prabhu and Patrick Verkooijen 1.1 Purpose of the report 1.2 Context for the assessment 1.2.1 Evolution of international forest In November 2009, the Global Forest Expert Panel governance (GFEP) Steering Committee established an expert panel on the international forest regime to provide a “scientific assessment of the current global forest The 1980’s saw growing international concern about regime and identify options for improving the effec- the destruction of tropical forests due to shifting ag- tiveness of the current regime.” The GFEP Steering riculture, cattle ranching and over-exploitation for Committee is composed of representatives from the timber production. At the same time, attention was Collaborative Partnership on Forests (CPF), a net- also focused on the degradation and loss of temperate work of 14 international organisations and secretari- and boreal forests due to poor forest management ats with substantial programmes relating to forests. and, in some cases, various forms of pollution from The CPF’s mission is to promote the management, intensive agriculture, urban and industrial develop- conservation and sustainable development of all ment. There was a new awareness of the vital im- types of forest and to strengthen long-term political portance of forests as renewable sources of a wide commitment to this end. range of goods and services at local, national and Specifically, the present assessment is intended global levels, including food, medicine, fuel, shel- to contribute to: ter, clean water, soil stabilisation, flood control, and livelihood support. Forests are home to 70% of the ● International forest deliberations and international earth’s known terrestrial plant and animal species forest related processes and many have been identified as biodiversity “hot ● The improvement of coordination among political spots”. Forests are also critical factors in climate actors, policy instruments and institutions change both as sources and sinks of CO2 and as eco- ● International Year of Forests 2011 by raising systems that are vulnerable to climate change. awareness about the role of international instru- The World Bank estimates that more than 1.6 ments and institutions affecting forests billion people around the world depend on forests for subsistence, livelihood and employment. This The report and its accompanying policy brief will contribution of forests to human well-being and “sus- provide an overview of the complex and diverse ele- tainable development” first received global recogni- ments that currently make up the global forest gov- tion in June 1992 at the United Nations Conference ernance arrangements; will identify and analyse the on Sustainable Development (UNCED) in Rio de core components of these arrangements; and propose Janeiro when leaders adopted Chapter 11 of Agenda options for dealing with complexity and improving 21 on combating deforestation and the Non-Legally the effective implementation of forest governance at Binding Authoritative Statement of Principles for a global, regional, national and sub-national levels. Global Consensus on the Management, Conserva- Following the mandate of the CPF Global Forest tion and Sustainable Development of All Types of Expert Panels, this assessment is based on existing Forests (the Forest Principles). These documents scientific knowledge. It represents the Expert Panel’s understanding of the best available scientific litera- ture. In the case of global forest governance, that 9 literature is, of course, largely drawn from the social In addition to the work of the authors and the contributions sciences, especially political science, law, interna- of the Expert Panel, this chapter has greatly benefited from tional relations and policy studies. comments by Stephanie Caswell EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 10. I INTRODUCTION represented the first global consensus on the mul- the problems in their own forests. The compromise tiple benefits provided by forests, national policies was the adoption of the non-binding Forest Prin- needed to maintain those benefits for present and ciples which established the notion, still found in future generations, and international cooperation the NLBI, that global forest governance concerns needed to support national efforts. “all types of forests”. In 1995, the Commission on Sustainable Devel- The forest convention debate resumed at the CSD opment (CSD), which had been created in 1992 un- meeting in 1995 and was taken up once again at the der the United Nations Economic and Social Council fourth and final session of the IFF in 2000. Country (ECOSOC) to ensure effective follow up to UNCED, positions shifted at both meetings, with many de- established the Intergovernmental Panel on Forests veloped and developing countries now in favor of a (IPF) with a time limited mandate to carry forward convention. However key countries, including Bra- the Forest Principles. In 1997, the CSD established zil and other members of the Amazon Cooperation the Intergovernmental Forum on Forests (IFF), also Treaty Organizations (ACTO) and the United States with a time limited mandate, to continue the work of remained skeptical of the benefits of a convention. IPF. The combined output of these two ad hoc pro- They were joined by non-governmental organisations cesses consisted of more than 280 proposals for ac- (NGOs), who feared that negotiations could only tion to enhance the “management, conservation and succeed by leveling down forest practices. sustainable development of all types of forests.” The compromise was the creation of the UNFF In 2000, ECOSOC established the United Nations with a mandate that included a five-year review. The Forum on Forests (UNFF) as a subsidiary body with review in 2005–2006 again found no consensus to universal membership to facilitate national efforts negotiate a “legally binding agreement on forests”, to implement sustainable forest management (SFM) with more countries, including African and a number and enhance coordination among international in- of European Union countries, moving away from struments, organisations and institutions with sig- the idea of convention. Opponents questioned the nificant forest-related mandates. Shortly thereafter ability of a convention to generate significant “new the CPF was established to assist the work of the and additional financial resources” for developing UNFF. In 2007, the UNFF and the United Nations countries or raise standards of forest management General Assembly adopted the Non-legally Bind- worldwide. Instead, the NLBI was concluded in 2007 ing Instrument on All Types of Forests (NLBI). The and a formal process to examine financing for forests NLBI creates a framework for national action and was launched in 2008. international cooperation to enhance implementa- While the issue of a legally binding convention tion of SFM and the achievement of the four global may be raised again in the 2015 UNFF review, this objectives on forests endorsed by the UNFF in 2006. report expresses no opinion on either the likelihood In 2015, the UNFF will review the effectiveness of or the desirability of a forest treaty. As already noted, the NLBI, as well as other efforts to achieve the four the panel’s chief concern is with developments that global objectives and to implement SFM. are already taking place and the challenge of working with the existing complex and comprehensive gov- ernance arrangements that could ultimately improve 1.2.2 The debate on a legally binding forest conditions and livelihoods. While the forest forest agreement and the approach of policy community has, until recently, devoted so much of its efforts to failed treaty negotiation, other this assessment forest-related developments have been proceeding on largely parallel tracks and now challenge the very The NLBI stands as the main output of state-centred existence of forests-focused governance. efforts to create a forests-focused international re- In the run up to UNCED, for example, the text of gime. Ever since the UNCED preparatory process, two new conventions were developed: the Conven- the issue of whether or not to negotiate a legally tion on Biological Diversity (CBD) and the United binding global forest convention has been a mat- Nations Framework Convention on Climate Change ter of concern to the international forest policy dia- (UNFCCC). While these conventions were negoti- logue and United Nations (UN) diplomacy. At Rio, ated outside the UNCED preparatory process, they the views of countries were divided, with developed were opened for signature at Rio and subsequently (OECD) countries mainly favoring a convention and ratified by sufficient numbers of signatories to create developing countries (the G77 and China) opposing binding international law. Over time, the conferences one. There were many reasons for the united posi- of the parties to these conventions have increasing 10 tion of developing countries. At the core was the taken up forest-related issues in the context of their view that developed countries were pressing for a own respective mandates. As chapters 2 and 3 of this convention as a way to influence the management report will explain in greater detail, the CBD and the of tropical forests, while refusing to acknowledge UNFCCC are by no means the only forest-related EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 11. I INTRODUCTION treaties; however, they are two of the most important further and adopted forest protection and conser- and their development illustrates the current chal- vation as a priority theme for future activities and lenge to forests-focused governance. also established a technical expert group on forest biological diversity. This was followed by Decision VI/22 of COP 6 1.2.3 Forest-related treaties, in 2002 which instituted and articulated the thematic complexity and fragmentation components of an expanded programme of work on forest biological diversity. The expanded program of work contains an extensive set of goals, objectives The CBD and its work is premised on three core and activities for the conservation of forest biodiver- objectives that relate to forest governance: the con- sity, the sustainable use of its components and the servation of biological diversity, the sustainable use fair and equitable sharing of benefits arising from the of its components and the fair and equitable sharing utilisation of forest genetic resources. Furthermore, of the benefits arising out of the utilisation of genetic it explicitly recognises the complementary roles of resources. These objectives overlap with the concept the CBD and UNFF in stemming the loss of forest of sustainable forest management as put forward by biodiversity and recognises that collaboration will the NLBI and are reflected in the Global Objectives promote beneficial synergies in guiding immediate on Forests. and effective action by governments and other in- In addition, specific provisions of the CBD have ternational bodies. a direct bearing on the question of forest governance. Many of the organisations that form the core For example, Article 8(j) requests Parties to respect, of the international forest regime, whose work is preserve and maintain traditional knowledge, inno- analysed in chapter 3 of the report, recognise the vations and practices relevant for the conservation need for coordination. In particular, the Secretariat and sustainable use of biodiversity and promote their to the CBD signed a memorandum of understanding broader application with the approval of the holders (MoU) with the UNFF for a programme of work to of such knowledge. This article is complemented address biodiversity in forests. The agreement fol- by Article 10(c), which asks Parties to protect and lowed UNFF Resolution 8/1, which requested the encourage the customary use of biological resources Secretariat to explore a format and opportunities for through traditional cultural practices that meet con- collaboration and cooperation with the secretariats servation or sustainable use requirements. Lastly, Ar- of the Rio Conventions and develop joint activities ticle 15 is also relevant as it sets outs modalities for related to sustainable forest management, the Global the fair and equitable sharing of benefits arising out Objectives on Forests and the NLBI. Nonetheless, of the utilisation of genetic resources. These issues the central relevance of the CBD and its protocol to of benefit sharing and the participation of indigenous forest governance is undeniable, creating complex and local communities often play a central role in new linkages between institutions and actors. forest governance. Climate change represents another critical strand As a result of this close connection, sustainable in this web of linkages constituting the system of forest management considerations have spilled over global forest governance. Until recently, political into CBD. At the same time, however, spillovers have discussions about climate change paid scant atten- taken place and are likely to continue to take place tion to forests. Most policymakers viewed emissions in the other direction, especially with respect to the resulting from forest loss as hard to measure, monitor ongoing negotiations for the elaboration of an inter- and control. They felt that any benefit from efforts to national regime on access and benefit sharing (ABS). reduce deforestation would be short-lived (the prob- This regime will likely have direct bearing on how lem of ‘permanence’) and suffer considerable ‘leak- forest genetic resources are utilised and how benefits age’ (i.e. less carbon emissions in one place would derived from such use are shared. The success of lead to more emissions somewhere else). Many wor- international forest governance is thus more than ried that focusing on tropical deforestation would ever contingent on ensuring that these various inter- reduce pressure on richer countries to lower their national instruments constitute a comprehensive and emissions. There were fears that including forests coherent framework that achieves goals such as ABS in trading schemes would flood the carbon markets without losing sight of the forests themselves. and make other mitigation measures unprofitable. As The Conference of the Parties (COP) to the CBD a result, it comes as no surprise that the Kyoto Pro- has certainly taken steps to promote the conservation tocol provided few incentives for afforestation and of forest biodiversity, placing the theme of forest reforestation and none to maintain existing forests biodiversity at the forefront of its agenda. As early as (Eliasch 2008). 11 1996, COP 2, aware of the discussions taking place Both the Stern Report (Stern 2006) and the In- at the IPF, developed their first work programme tergovernmental Panel of Climate Change (IPCC) on forest biological diversity. In 1998, COP 3 went report (IPCC 2007) contributed to shifting political EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 12. I INTRODUCTION attention and the international forest agenda toward 1.3 Understanding inter­ the notion that forests will play a key role in any cost- national forest governance effective climate change mitigation arrangement. By the end of 2008, the Eliasch Review reinforced the 1.3.1 Regimes and regime theory central proposition that urgent action to tackle the loss of forests worldwide needs to be a central part The original focus of this assessment was the inter- of any future international deal on climate change national forest regime. A “regime” is a set of gover- (Eliasch 2008). The Review claimed that a deal that nance arrangements. The term is a commonly-used provides international forest financing not only re- one in the social sciences, in particular in political duces carbon emissions significantly, but also ben- science, and is applied at various spatial scales from efits developing countries, supports poverty reduc- the local level to the international. In contrast, “gov- tion and helps preserve biodiversity and other forest ernance” is the broader term, denoting any effort to services (Hoogeveen and Verkooijen 2010). coordinate human action towards goals. “Regime” is However, given the scale of emissions from the narrower term, used to characterise a particular forests, forest mitigation measures pose a daunting means or mode of coordination challenge. As UN Secretary General Ban Ki-Moon At the local level, ‘commons’ regimes, some- has stated: times called ’common property regimes’, are terms developed to capture the set of agreed upon rules and “Climate Change cannot be won without the world’s arrangements that govern access to and the use of forests. This, however, will be a complex and chal- natural resources, such as crops, fish or forests, for a lenging feat in terms of setting up incentive structures particular community (Ostrom 1990). Local commons and implementation mechanisms, and will require a regimes are designed to coordinate resource use in an long-term commitment. But nonetheless, it is one of effort to eliminate problems such as ’free-ridership’ the best large-scale investments we can make against leading to the degradation of the resource. climate change that could result in an equally large At the national level the term ’regime’ is tra- dividend” (Norway 2008). ditionally used to denote a particular type of gov- ernment such as military regime, socialist regime, In UNFCCC negotiations, countries are working and democratic regime. While this usage has been towards a comprehensive, legally binding, global common in political science since Aristotle, it is a agreement to tackle climate change. Reducing emis- source of confusion in discussion of forest gover- sions from deforestation and forest degradation in nance, where mention of a ’regime’ is sometimes developing countries (REDD+) has emerged as a taken to mean coercive coordination. This is not the potentially crucial instrument to pursue the ultimate sense of regime used in this report. objectives of UNFCCC in holding the increase in The development and application of the regime global temperature rise below 2 degrees Celsius concept to international affairs by international re- above pre-industrial levels. REDD+ also holds the lations scholars dates only from the mid-1970s. In potential to reduce greenhouse gas emissions, im- 1975 John Ruggie defined an international regime as prove the livelihoods of forest-dependent people, “a set of mutual expectations, rules and regulations, to conserve biodiversity and to inject substantial plans, organisational energies and financial com- new funding into forest management. Although it is mitments, which have been accepted by a group of widely noted that to implement REDD+ within the states” (Ruggie 1975: 570). Building on Ruggie’s framework of sustainable development strategies will approach, Oran Young later defined international re- require broad institutional and governance reforms, gimes as “social institutions governing the actions of it remains to be seen whether this transformational those interested in specifiable activities (or meaning- change in the sector will be initiated. More to the ful sets of activities) …regimes are social structures” point of this Report, it is still unclear how REDD+ is (Young 1980: 332). going to be coordinated with the other forest related However the most often-cited definition of an initiatives to achieve forests-focused goals. Forests international regime is one put forward by the Stan- certainly are a means of storing carbon and a pool ford scholar Stephen Krasner in the early 1980s of genetic resources and a source of livelihoods but when he argued that international regimes are “sets they are much more than this. Coordinating these of implicit or explicit principles, norms, rules and goals – along with many others – while remaining decision making procedures around which actors’ clearly focused on this ‘more’ is the challenge of expectations converge in a given area of international forest governance relations” (Krasner 1982: 186). The Krasner defini- 12 tion formed the basis of a collection of papers on international regimes published in the journal In- ternational Organization (guest edited by Krasner). Ruggie’s definition is explicit that the members of EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 13. I INTRODUCTION an international regime are states (i.e. governments) a single legally-binding instrument at one end and a and only states. But later definitions, including that very loose and barely coordinated set of governance of Krasner, were broader, stressing that regimes are arrangements at the other (Alter and Meunier 2006; agreed to and constructed by a range of ’actors’, Raustiala and Victor 2004). thus admitting non-state actors such as business, The extensive debate over the nature of inter- non-governmental organisations (NGOs) and private national regimes is by no means merely academic. financial institutions. The debate grew out of a desire to understand and Despite the emergence of this broader notion of explain the development of multilateral governance regime, discussions based on the Krasner definition arrangements over the last 30 years. Its conclusion tended to refer almost exclusively to collective ar- that there are few, if any, comprehensive hard law rangements agreed by states, such as the binding regimes in the narrowest sense of the original regime General Agreement on Tariffs and Trade/World concept is a very important one for understanding Trade Organization (GATT/WTO) international forest governance. If regime complexes are the most trade regime or the non-binding G7/G8/G20 regime common type of governance arrangement, then the for international finance (for example: Breitmeier et international forest regime complex is not so differ- al. 2006; Dimitrov 2003; Downie 2005; Downs 2000; ent from the other multilateral regime complexes. Hansenclever et al. 1997; Helm and Sprinz 2000; Attention turns to meeting the particular challenges Miles et al. 2002; Rittberger 1993; Vogler 2000; of international forest governance rather than seeking Young 1999). There was also often an assumption to make the regime conform to an ideal that turns among regime theorists that an international regime out to be largely imaginary. requires a multilateral legal framework overseen by an institution of some sort, such as an international organisation or treaty or a conference of parties. For 1.3.2 Emerging views on an inter- example, the Vienna Convention on Ozone Depletion national forest regime complex of 1985 and Montreal Protocol to the Convention of 1987 and are usually considered synonymous with the ‘international ozone regime’. The CBD, whose By the mid-1990’s a view of an international for- relevance to forest governance has already been est regime complex had emerged that allows for noted, is often used to denote the ‘international bio- international policy dialogue and cooperation on an diversity regime’, even though there are other bind- issue to take place between a variety of state and ing agreements that address biodiversity, including non-state actors in the absence of a single multilat- the Convention on International Trade in Endangered eral legal agreement. This view found support from Species of Flora and Fauna and the Ramsar Conven- international forest policy experts and international tion on Wetlands of International Importance. environmental lawyers. In 1995, the same year that Thus, in the regime theory literature since Kras- the IPF was created, for example, Richard Tarasof- ner, there has been a distinct tendency to picture sky argued that an international regime on forests an international regime as a state-centric form of existed, comprising international and regional legal international cooperation grounded in ‘hard’ or bind- instruments and non-legally binding soft law ones. ing international law, such as a convention, protocol, Tarasofsky later defined the international forest re- agreement or other legally binding instrument. On gime as “the totality of norms, rules, standards and this reading of regimes, soft law alone is insuffi- procedures, as expressed in international institutions cient to constitute a regime and non-state actors have and other acts” (Tarasofsky 1999: 3). At that time, he tended to be relegated to the role of ’stakeholders’ to identified three options for the future development be consulted but hardly central players. This has led of the regime: negotiating a convention on forests; some observers to describe the international arrange- negotiating a protocol on forests to the Convention ment on forests as a ‘non-regime’ - defined as “trans- on Biological Diversity; and making better use of national policy arenas characterised by the absence existing instruments (Tarasofsky 1995). of multilateral agreements for policy coordination In 1997 the existence of an international forest among states” (Dimitrov et al. 2007: 231). regime complex along these lines was recognised In the opinion of this panel, the current framework by the European Commission, in the context of a for international forest governance is more accurately report by the European Forest Institute on how the described as a ‘regime complex’: a set of specialised regime could be further strengthened. The authors of regimes and other governance arrangements more this report argued that ‘legal regime’ in this context or less loosely linked together, sometimes mutu- should not be used to imply a need for a specific ally reinforcing but at other times overlapping and legal instrument, but rather should be understood as 13 conflicting (Keohane and Victor 2010). A regime encompassing the sum total of international instru- complex exists somewhere towards the middle of a ments and institutions that create the framework for spectrum between a comprehensive regime based on international action” (Glück et al. 1997:9). EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 14. I INTRODUCTION Over a decade ago, David Humphreys argued that networks, business organisations, multinational cor- the international forest regime was founded upon porations and other forms of private authority” (Oke- three broad sources: reke et al. 2009: 60). As such, the actions of NGOs in global governance parallels similar developments a) the growing body of soft international law focused at the level of regions and states, where the practice on forests; of governing on the basis of hierarchical authority is b) hard international legal instruments with a forest- often observed existing side by side with new forms related mandate (such as the CBD and UNFCCC); of coordination. Significantly, such new forms of and coordination or ‘governance arrangements’ are very c) voluntary private sector regulation, such as the often found in response to challenges arising from Forest Stewardship Council principles for forest the complexities of environment and sustainable de- management (Humphreys 1999). velopment (Lemos and Agrawal 2006) and have been observed in forestry-related contexts at national and As the access and benefit sharing and REDD+ subnational levels (Howlett et al. 2009). developments clearly demonstrate, the international Section III of Agenda 21 states that “one of the forest regime complex is a dynamic rather than a fundamental prerequisites for the achievement of static entity. It is constantly evolving as new interna- sustainable development is broad public participation tional declarations and instruments are agreed, often in decision-making”, and that “the commitment and of the forest-related rather than the forest-focused genuine involvement of all social groups” is “critical kind. However, what has really made an accurate to the effective implementation of the objectives, characterisation of the international forest regime policies, and mechanisms agreed to by governments complex so much more difficult has been the devel- in all programme areas of Agenda 21.” The CSD, opment already noted by Humphreys in connection further enshrined the important role of major groups with voluntary private sector regulation. A key driver in intergovernmental deliberations and as such rep- of change is the growing acceptance of the view resented a significant change in the attitude of the that forest problems cannot be addressed purely by United Nations system to stakeholder participation governmental and intergovernmental agreements. in intergovernmental policy discussions. Since the While the role that states play through intergovern- CSD’s creation in 1992, CSD meetings have pro- mental organisations remains an important compo- vided innovative spaces for the participation of the nent of the forest regime, the regime complex now range of non-government actors with the overall includes non-governmental actors, both for-profit purpose of informing the Commission’s decision- and not-for-profit. A state-centric definition of in- making processes. ternational regimes is increasing questioned, both The IPF/IFF proposals for action reflected this in the international relations literature (Betsill and recognition of the important contribution of a range Corell 2007; Cutler 2002; Falkner 2003; Humphreys of stakeholders in sustainable forest management, 1996; Joyner 2005; McCormick 1999; O’Neill 2009) including forest owners and managers and for- and in international institutions themselves. The role est dependent local and indigenous communities. of non-nation state actors in international politics Many countries participating in criteria and indica- and policy is the starting point for discussions of a tors processes have operationalised this recognition broader concept of forest governance. by involving national and subnational stakeholders in criteria and indicator (C&I) implementation. The UNFF has followed the CSD model of inclusiveness Beyond the International Regime Complex: interacting with major groups by convening multi- the evolving role of non-government actors stakeholder dialogues with governments, organising panels on key issues to major groups, supporting side Beginning with UNCED, there has been a recogni- events and providing financial support to participants tion that problems and issues related to sustainable from developing and transition countries. development, including forest issues, cannot be ad- In addition to efforts at broader inclusion in in- dressed solely by governments through intergovern- tergovernmental processes, public-private partner- mental agreements, and that non-government actors, ships and corporate-NGO partnerships have become both for-profit and not-for-profit, have a vital role to common in the forests arena. Inclusion has gener- play other than as sources of advice and legitima- ated funding and capacity for policy implementa- tion for state-led processes. The growing significance tion on the ground and supported moves towards of policy coordination at a global level by actors decentralised implementation of SFM. For example, 14 without formal authority to do so is captured by the Congo Basin Forest Partnership (CBFP) and the the term ‘governance´’. Governance is conducted Asia Forest Partnership (AFP) were both launched by international organisations, but also by “global at the World Summit on Sustainable Development in social movements, NGOs, transnational scientific Johannesburg in 2002, which gave special attention EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 15. I INTRODUCTION Box 1.1 Key terms Governance: any effort to coordinate human ac- Regime complex: a set of specialized regimes tion towards goals. In the common distinction and other governance arrangements that are more between government and governance, the latter is or less loosely linked together, sometimes mutu- usually taken to refer specifically to coordination ally reinforcing but at other times overlapping and mechanisms that do not rest on the authority and conflicting (Keohane and Victor 2010). sanctions possessed by states (Stoker 1998), but Institutions: the rules of the game in society or, the report uses “governance” in the broadest sense more formally, are the humanly devised constraints of coordination. that shape human interaction (North 1990:3). International regime: a set of governance ar- Organisations: very distinctive institutions with rangements for an issue area usually based on some formal rules of membership and practice, embed- form of agreement by states. The standard definition ded in the larger context of institutions as rules and is provided by Krasner (1982): “sets of implicit or expectations. For example, the institutionalised be- explicit principles, norms, rules and decision mak- haviour of seeking to conclude international agree- ing procedures around which actors’ expectations ments to solve common problems rather than acting converge in a given area of international relations”. unilaterally has created a number of organisations, An international regime is thus much more than just most notably those that make up the UN system. a set of organisations and could in principle exist Institutions in the broad sense used here are thus without any formal organisations at all. to be distinguished from the much narrower sense of institutions as organizations. to the roles of public-private partnerships in promot- rule-making and the development of norms and ex- ing sustainable development. The CBFP, currently pectations. The private rule making found in the vari- facilitated by Germany, has generated significant ad- ous certification schemes for sustainably-produced ditional funding to support forest conservation and forest products is only the tip of the iceberg in this sustainable forest based livelihoods in the region. respect. A number of regional and international initia- Thus, while it may have been possible in the past tives have also emerged that are focused on grass to conduct an assessment of the international forest roots and community approaches to engaging local regime by focusing solely on the actors, institutions people in addressing forest issues. These include, and instruments found at the core of the regime inter alia, Forest Connect (IIED, FAO, PROFOR, complex (Tarasofsky 1999), a broader kind of as- NFP Facility), Growing Forest Partnerships (FAO, sessment is now required. This assessment seeks to IUCN, World Bank, IIED), Rights and Resources accommodate the rapidly expanding and increasingly Initiative, Responsible Asia Forestry and Trade, and diverse set of actors, institutions and ideas seeking The Forests Dialogue (in partnership cooperation to coordinate action with respect to forests. While, with UNFF). Existing grass roots initiatives are in the technical language of political science, it may also strengthening their international engagement, still be appropriate to refer to them as components of especially in the REDD context, including the Asia- the international forest regime complex, we use the Pacific Center for People and Forests, Coordinating more accessible phrase ‘international forest gover- Association of Indigenous and Community Agrofor- nance’. The definitions of the key concepts used in estry in Central America, Global Alliance of Com- this report are given in Box 1.1. munity Forestry and International Family Forestry Alliance, to name only a few. However, the introduction of new actors and 1.3.3 Expert panel’s view on inter- new ideas, while important, can often obscure the national forest governance challenges that a more participatory kind of global forest governance entails. Governance as coordina- tion necessarily involves institutions. Participatory The panel takes the view that the current set of inter- governance relationships are being institutionalised national forest governance arrangements is best seen in a variety of ways, creating new structures, such as a complex hybrid mix of international law, soft as transnational policy networks and partnerships. law, and non-government performance-based mea- While the blurring of boundaries between pub- sures. Some are forest focused and others forest re- lic and private in these networks and partnerships lated. As discussed in chapter 2, these arrangements 15 has raised concerns about legitimacy, new kinds of are now much more numerous and more complex ‘entanglements’ (Porter 2009) are constantly being than those considered in previous reviews and as- generated and subsequently institutionalised through sessments. They include: EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 16. I INTRODUCTION a) Non-legally binding declarations, principles, Often, of course, governance problems are identi- statements, decisions, resolutions and other instru- fied at national and subnational levels in the context ments reflecting political commitments focused of ‘good governance’. In many developing countries, on forests, including the NLBI, other decisions for examples, the distribution of rights to forestlands of the UNFF, IPF/IFF proposals for action, the and resources is unclear and the laws governing for- Forest Principles and Chapter 11 of Agenda 21 est use may be incomplete and poorly enforced. The b) Legally binding conventions, agreements and report argues that the establishment of institutions other instruments with significant forest-related and decision-making processes that are widely ac- provisions, including the CBD, UNFCCC, UN- cepted as just and legitimate is a necessary condition CCD, CITES, Ramsar, as well as legally bind- to the solution of these problems. International for- ing agreements and other instruments with the est governance, by developing consensus about the potential to influence forests indirectly, such as institutional and procedural measures necessary to LRTAP improve forest conditions and livelihoods is a key c) Treaty-based organisations and institutions with part of this process. For example, the desire by an significant forest-related mandates and programs increasing number of diverse stakeholders to have or with the potential to affect forests, including their voices heard before outcomes are regarded as CIFOR, FAO, ICRAF, ITTO, World Bank, GEF, legitimate is both endorsed and given practical ex- NFP Facility and WTO pression in international forest governance. Inter- d) Other relevant organisations, institutions, net- national forest governance contributes to the setting works and processes, including GBIF, IUCN, of global goals that define key forest problems as IUFRO, UNEP and UNDP worthy of attention and provides a number of pro- e) Performance-based international initiatives of cedures and venues for learning about the appropri- NGOs and other Major Groups, including in- ate choice of policy instruments to solve them. An ternational certification schemes, such as FSC, important feature of is often complex governance is Smartwood, and PEFC and industry codes of the ‘spillover’ effect among its components, whereby conduct, such as the work of WBCSD the objectives, principles and decisions elaborated f) Regional organisations, institutions, instruments, in one international instrument may subsequently be processes, initiatives and networks, including expressed in later international instruments. ACTO, African Forest Forum, AFP, ASEAN, Nonetheless, the complexity of forest problems ATO, SADC, CBFP, Forest Europe, EFI, regional rules out simple governance solutions. The interna- C&I initiatives, regional FLEG processes, FLEGT tional forest policy community has pursued a num- and regional certification programmes such as ber of these ’quick fixes’ over the last two decades SFI with equally disappointing results. This report will g) New ‘entanglements’ – clubs of states, learning argue that the immediate effect of the developments platforms and collaborations, including REDD+ described in the previous section has been to inten- partnerships, round tables, IBPES. sify the value conflicts generated by an increasingly diverse group of stakeholders making it more dif- ficult to achieve agreement on either goals or the 1.4 The challenge of most appropriate means to achieve them. This kind of complexity generates the familiar phenomenon of complexity: why international wicked problems. Emerging “at the juncture where forest governance matters goal-formulation, problem definition and equity is- sues meet” (Rittel and Webber 1973: 156), wicked The report’s main message is that global forest gov- problems are open ended, defying efforts to delineate ernance matters. It matters now because, while there their boundaries and preventing disaggregation into are valuable new initiatives in play with real potential a series of less complex and more easily manage- to sustain the world’s forests, many, if not most of able components (Ludwig 2001; Nie 2003). Current these initiatives will have a forest impact but not a trends suggest that forests are increasingly likely to forest focus. Whether their focus is actually climate be found at the intersection of an ever-more-complex change mitigation, human development, biodiversity web of cross cutting issues. These complex interlink- conservation or trade, they require a more effective ages will likely persist and become even more com- approach to coordination if they are ultimately to plex over time (Hoogeveen and Verkooijen 2010). improve forest conditions and livelihoods as well The wicked problems of international forest gov- as achieve their own goals. These developments will ernance thus demand that we embrace complexity 16 continue to take place and the global forest policy rather than attempt to simplify and disaggregate. community does not have the luxury of waiting to address the resulting governance challenges in its own time. EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 17. I INTRODUCTION With the goal of embracing complexity in mind, the References report is organised into six chapters: Alter, Karen, and Sophie Meunier. 2006. Nested and overlapping regimes in the transatlantic banana trade dispute. Journal of Chapter 2 maps the core actors, objectives, decisions European Public Policy 13(3): 362–382. and priorities of international forest governance Betsill, Michele M., and Corell, Elisabeth, eds. 2007. NGO Di- by using a framework of six generic environmen- plomacy: The Influence of Nongovernmental Organisations tal and socio-economic themes, and discusses the in International Environmental Negotiations. Cambridge: potential for constructive and destructive interplay MIT Press. Breitmeir, Helmut, Oran R. Young, and Michael Zürn. 2006. Ana- among regime components. lyzing International Regimes: From Case Study to Data Base. Chapter 3 identifies and discusses the core compo- Cambridge: MIT Press. nents of the international forest regime, and as- Cutler, A. Claire. 2002. Private International Regimes and Inter- sesses their consistency and compatibility. Firm Cooperation. In The Emergence of Private Authority Chapter 4 reviews and analyses the main discourses in Global Governance, ed. Rodney Bruce Hall and Thomas J Biersteker. Cambridge: Cambridge University Press, that shape forest issues and policies by distin- 23–42. guishing between three forest-related types of dis- Davenport, Deborah S. 2005. An Alternative Explanation for the courses: meta, regulatory and forest discourses. Failure of the UNCED Forest Negotiations. Global Environ- Chapter 5 explores the relationship between forest mental Politics 5(1): 105–130. sustainability and forest management, focusing on Dimitrov, Radoslav S. 2003. Knowledge, Power and Interests in International Regime Formation. International Studies the emergence of sustainable forest management Quarterly 47(1): 123–150. and the obstacles that have arisen in defining and Dimitrov, Radoslav S., Detlef Sprinz, Gerald M. DiGiusto, and Al- implementing SFM. exander Kelle. 2007. International Non-Regimes: A Research Chapter 6 assesses the level of integration exhib- Agenda. International Studies Review 9(2): 230–258. ited by the current governance arrangements and Downie, David Leonard. 2005. Global Environmental Policy: explores ways to manage an intrinsically frag- Governing Through Regimes. In The Global Environment: In- stitutions, Law and Policy, ed. Regina S Axelrod, David Leon- mented set of arrangements through multi-level ard Downie and Norman J Vig. Washington: CQ Press. governance approaches. Downs, George W. 2000. Constructing Effective Environmental Chapter 7 examines the pathways through which Regimes. 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The challenge that this report seeks to address is Theories of International Regimes. Cambridge: Cambridge how to embrace the complexity and richness of the University Press. Helm, Carsten, and Detlef F. Sprinz. 2000. Measuring the Ef- international forest regime, especially its multi-level fectiveness of International Environmental Regimes. Journal aspects, without encouraging the worst effects of of Conflict Resolution 45(5): 630–652. fragmented governance: ambiguity, overlap, duplica- Hoogeveen, Hans, Jagmohan S. Maini, William Moomaw, Adil tion and inefficiency. The report focuses particularly Najam, and Patrick Verkooijen. 2008. Designing a Forest on the potential for positive interactions between key Financing Mechanism (FFM): A Call for Bold, Collaborative and Innovative Thinking. Paper prepared for the Center for elements of the existing global forest governance International Environment and Resource Policy. 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  • 18. I INTRODUCTION Report of the Intergovernmental Panel on Climate Change Porter, Tony. 2009. Global Governance as Configurations of State/ [Core Writing Team, Pachauri, R.K and Reisinger, A. (eds.)]. Non-State Activity. In Advances in Global Governance, ed. IPCC, Geneva, Switzerland. Jim Whitman. Basingstoke: Palgrave Macmillan, 87–104. Joyner, Christopher C. 2005. Rethinking International Environ- Raustiala, Kal and David Victor. 2004. The Regime Complex mental Regimes: What Role for Partnership Coalitions? for Plant Genetic Resources. International Organization 58: Journal of International Law and International Relations 277–309. 1(1–2): 89–119. Rittberger, Volker, ed. 1993. Regime Theory and International Keohane, Robert and David Victor. 2010. The Regime Complex Relations. Oxford: Clarendon Press. for Climate Change. The Harvard Project on International Rittel, Horst, and Melvin Webber. 1973. Dilemmas in a General Climate Agreements, Discussion Paper 10–33. Theory of Planning. Policy Sciences, 4: 155–169. Krasner, Stephen D. 1982. Structural Causes and Regime Con- Ruggie, John G. 1975. International Responses to Technology: sequences: Regimes as Intervening Variables. International Concepts and Trends. International Organization 29(3): Organization 36(2): 185–205. 557–583. Lemos, Maria Carmen, and Arun Agrawal. 2006. Environmental Stern, Nicholas. 2006. The Stern Review on the Economics of Governance. Annual Review of Environmental Resources 31: Climate Change. Cambridge: Cambridge University Press. 297–325. Stoker, Gerry. 1998. Governance as Theory: 5 Propositions. In- Ludwig, Donald. 2001. The Era of Management is Over. Eco- ternational Social Science Journal 155: 17–28. systems 4: 758–764. Tarasofsky, Richard. 1995. The International Forests Regime: McCormick, John. 1999. The Role of Environmental NGOs in Legal and Policy Issues. Gland: World Wide Fund for Nature/ International Regimes. In The Global Environment: Institu- IUCN The World Conservation Union. tions, Law and Policy, ed. Norman J Vig and Regina Axelrod. Tarasofsky, Richard. 1999. Assesing the International Forest Washington CQ Press, 52–71. Regime: IUCN Environmental Policy and Law Paper 27. Miles, Edward L., Arild Underdal, Steiner Andresen, Jorgen Wet- Cambridge: IUCN the World Conservation Union. testad, Jon Birger Skjaerseth, and Elaine M. Carlin. 2002. Vogler, John. 2000. The Global Commons: Environmental and Environmental Regime Effectiveness: Confronting Theory Technological Governance. Second edition. New York: John with Evidence. Cambridge: MIT Press. Wiley and Sons. North, Douglass C. 1990. Institutions, Institutional Change, and Young, Oran R. 1980. International Regimes: Problems of Con- Economic Performance. Cambridge: Cambridge University cept Formation. World Politics 32(3): 331–356. Press. Young, Oran R. ed. 1999. The Effectiveness of International En- Norway, Mission to the United Nations. 2008. UN and Norway vironmental Regimes: Causal Connections and Behavioral Unite to Combat Climate Change from Deforestation. http:// Mechanisms. Cambridge, Mass.: MIT Press. www.norway-un.org/NorwayandUN/Selected_Topics/Cli- mate_Change/redd/.[Cited 1 Dec 2010]. Okereke, Chukwumerije, Harriet Bulkeley, and Heike Schroeder. 2009. Conceptualizing Climate Change Governance Beyond the International Regime. Global Environmental Politics 9: 56–76. O’Neill, Kate. 2009. The Environment and International Rela- tions. Cambridge: Cambridge University Press. Nie, Martin. 2003. Drivers of Natural Resource-Based Political Conflict. Policy Sciences 36, 307–341. Ostrom, Elinor. 1990. Governing the Commons: The Evolution of Institutions for Collective Action. Cambridge: Cambridge University Press. 18 EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 19. 2 Mapping the core actors and issues defining international forest governance Coordinating lead author: Constance L. McDermott Lead authors: David Humphreys, Christoph Wildburger and Peter Wood Contributing authors: Emmanuel Marfo (African regional instruments), Pablo Pacheco (Latin American regional instruments) and Yurdi Yasmi (Asia-Pacific regional instruments) Abstract: This chapter maps the core actors and issues defining international for- est governance across a landscape of contemporary social and environmental chal- lenges. The existence of multiple competing frameworks for charting this landscape highlight the politically contested nature of forest conservation and use. In order to avoid the risk of bias by adopting one of these pre-existing frameworks, the analysis is conducted using six generic environmental and socio-economic themes. The mapping exercise reveals that the involvement of diverse public and private actors both within and outside the forest sector and within and outside formal government negotiations, at both regional and global scales, has enabled a relatively comprehensive set of aspi- rational goals to emerge. However, conflicting actor interests and values continue to constrain the translation of these goals into coordinated mandates for on-the-ground action. The integration of forests into the international climate regime is a potential ‘win–win’ solution to cross-sectoral forest-related challenges because it enables the establishment of a global system of economic incentives tied to emissions reductions. However, attempts to operationalise these incentives reveal familiar, ongoing conflicts over the environmental and social valuation of forests. Regional and non-governmental experimentation may prove vital to overcoming these longstanding barriers to global- scale coordinated action on forests. Keywords: Forest, climate, international, governance, biodiversity, social welfare, deforestation, REDD. ■ 2.1. Introduction The chapter is organised as follows. Section 2.2 discusses three perspectives that might be used to This chapter provides a broad overview or ‘map’ of identify key international actors. Sections 2.3 and the key actors and issues that currently define inter- 2.4 introduce and apply a thematic framework for as- national forest governance. Its purpose is threefold. sessing the core environmental, social and economic First, it situates forest governance within the broader forest-related goals articulated in global-scale agree- landscape of bio-physical and socio-economic prob- ments and the actors most involved in placing these lems of international concern. Second, it identifies goals on the global agenda. Section 2.5 assesses the the range of key actors who are instrumental in role of regional and international criteria and indi- placing these issues on international agendas and in cator processes, and forest certification, as forums framing and contesting responses. Third, it assesses exclusively focused on the definition and monitoring the comprehensiveness of the goals and frameworks of sustainable forest management (SFM). Section 2.6 established thus far through international agreement discusses regional processes in Africa, Asia-Pacific, 19 and the lessons that can be learned about the role of Europe and Latin America and their interaction with diverse actors in addressing the full scope of inter- global-scale agendas. The chapter concludes with a national forest-related challenges. summary of key findings. EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 20. 2 MAPPING THE CORE ACTORS AND ISSUES... As echoed in the title of this report, the sheer as the Center for International Forest Research (CI- complexity of international forest governance pre- FOR). It also considers cross-organisational partner- cludes an exhaustive analysis of all potentially rel- ships such as the Collaborative Partnership on Forests evant international goal-setting activities. We encour- (CPF) and the influence of participating actors from age readers interested in more in-depth coverage of international development and financial institutions specific substantive issues to consult the primary and such as the Food and Agriculture Organization of the secondary sources cited in the text. In addition, Ap- United Nations (FAO) and the World Bank. It also pendix 1 provides a list and brief description of key takes into account the political dynamics that led global, regional and non-state international forest- many non-governmental organisations (NGOs) to related instruments. Most importantly, we encourage jointly create the Forest Stewardship Council (FSC) the full range of concerned stakeholders to engage as the first global certification scheme. in analyses of the kind presented in this chapter in Staff and personnel may move among the various order to facilitate the multi-actor, multi-scale and actors involved in forest governance. Often experts cross-sectoral learning that is essential for addressing and advisors are invited to serve on national delega- contemporary forest-related challenges. tions. It is not uncommon for delegations to include trade advisors from business, conservation advisors from environmental NGOs, and policy advisors from 2.2 Defining the key actors the university sector. Delegations may be subject, therefore, to multiple influences, both within and outside government. Within forest-related intergov- A vast range of actors is involved directly and/or ernmental organisations, various caucus groups have indirectly in international forest governance, and a emerged who undertake negotiations as blocs; they variety of conceptual frameworks may be used to un- include the Group of 77 Developing Countries (G77) derstand their various roles. A realist, ‘state-centric’ + China at the UNFF and the Like Minded Mega- framework (e.g. Bull 1977) focuses on the actions diverse Countries at the Convention on Biological of national governments as the entities empowered Diversity (CBD). The European Union (EU) acts to make decisions within formal intergovernmen- as a sui generis actor, the sole regional economic tal negotiations. This perspective highlights power integration organisation in the United Nations sys- struggles among nations in which actors negotiate to tem, with political authority divided between the maintain or improve the advantage of their countries Presidency (for issues that are the subject of member relative to other countries. state competence) and the European Commission In contrast, a transgovernmentalism perspec- (for issues that are the subject of community com- tive (Slaughter 2004) draws attention to the various petence). The dynamics between the Presidency and ministries that attend forest-related intergovernmen- the Commission are key to understanding European tal forums and their differing priorities and objec- forest politics. tives. Within the United Nations Forum on Forests Political power is dispersed unevenly among (UNFF), for example, some delegations are led by these various actors, with countries with high for- forestry departments, some by foreign offices, some est cover (such as Brazil) and countries with major by trade ministries and some by United Nations mis- forest-based industries (such as the United States of sions. According to a transgovernmentalism view, America) tending to exercise more influence on polit- there is an international forest policy community that ical negotiations than smaller, economically weaker transcends national boundaries and includes other countries. When international negotiations stall, a actors, such as scientists and other experts. It draws small group of ‘friends of the chair’ may be invited attention to the possible conflicts that may emerge to convene to work on compromise text. The exact between international forest-related processes and membership of friends-of-the-chair groups varies, intergovernmental organisations such as the World but within the UNFF it typically includes the United Trade Organisation (WTO). States, the EU, the G77 (with Brazil and China also A pluralist view highlights the role of differ- invited) and possibly representatives of the African ent stakeholder groups, including local community Group and the Association of Southeast Asian Na- groups, indigenous peoples, forest owners, timber tions (ASEAN). companies, the retail sector, farmers and other actors. These three perspectives on key international ac- It encompasses both governmental and non-govern- tors combine to yield a view of international forest mental organisations, including hybrid organisations governance as dynamic and evolving. Policy out- such as the International Union for Conservation of puts are the result of an inherently political process 20 Nature (IUCN), entirely non-governmental organi- whereby delegations cooperate in the shared endeav- sations such as the World Wide Fund for Nature our of developing forest policy while simultaneously (WWF), the Forest Peoples Programme and Global competing to promote narrower national and sectoral Witness, universities, and research institutes such interests driven by political pressures, lobbying and EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE
  • 21. 2 MAPPING THE CORE ACTORS AND ISSUES... influence from other actors. Policies agreed outside mental frameworks such as the regional criteria and governmental and intergovernmental organisations, indicator processes. Others, however, have explicitly such as the principles of forest certification, may also rejected such frameworks in favour of their own; the influence the standards and policies of governmental FSC, for example, has developed ten principles for actors. Taken together, the goals identified in both well-managed forests (see Section 2.5). governmental and non-governmental agreements are Given the level of political contention surround- the result of political pressure and lobbying; inevi- ing existing institutionalised frameworks we have tably, therefore, they are the result of compromises, chosen not to rely exclusively on any of them. In- concessions and accommodations. deed, in the process of drafting this report it became clear just how strongly many actors associate each framework with a particular set of interests; to use 2.3 Mapping key forest-related one or the other, therefore, risked alienating a large segment of our desired readership. This widespread goals contention over the framing of forest problems, no matter how generally or broadly stated they may The creation of a legible overview or ‘map’ of core appear, highlights the essential roles that ideas and international forest-related goals requires a clear or- discourse play in international forest governance – a ganisational framework. By its very nature, however, theme developed in greater depth in Chapter 4 and any framework may prioritise certain actors, issues, Chapter 5. values or perspectives while excluding others. In- In the absence of a universally accepted frame- evitably, therefore, whatever framework this chapter work we have developed a hybrid approach that draws adopts will be open to contention. We acknowledge from the range of available discursive frames. This the importance of these debates and observe that enables a comprehensive assessment of the biophysi- the very absence of a universally agreed framework cal, socio-economic and institutional dimensions of highlights the deeply politically contested nature of international forest-related goals, organised under forest conservation and use. the following three dimensions and six themes: One highly influential frame for forest-related issues is the ‘three-legged stool’ of sustainability ● Biophysical popularised by the Brundtland Commission’s report Theme 1: Forest extent and land-use change “Our Common Future” (UN 1987). According to Theme 2: Ecosystem processes (including forest this metaphor, environmental, social and economic degradation/restoration) needs form separate legs of a stool, each of which Theme 3: Biodiversity must have equal weight to achieve sustainable re- ● Socio-economic source use. However, as discussed further in Chap- Theme 4: Economic development (including inter- ter 5, this metaphor is increasingly contested. At national trade and investment and resource trans- an abstract level it has been criticised for imply- fer from developed to developing countries) ing that unlimited economic growth is achievable Theme 5: Social welfare (including livelihoods as long as it is ‘balanced’, and for failing to make and poverty alleviation, access and benefit-shar- clear that some, although not necessarily all, trade- ing, indigenous rights and workers’ rights) offs between environmental, social and economic ● Institutional priorities may result in environmental degradation. Theme 6: Governance. As a classification framework, the stool metaphor is problematic because the legs are interactive and Our treatment of the institutional dimension focuses thus a given resource management issue may not fit on the ways in which problems of forest governance exclusively into a single leg. have been framed as international issues. We do not More specialised frameworks have emerged attempt to cover the myriad procedural mechanisms, within various institutional settings that we could, such as international and national planning, monitor- in theory, use to analyse the coverage and compre- ing and reporting, that various global and regional hensiveness of the international forest regime. These processes have developed to operationalise their include intergovernmental frames such as the Millen- substantive goals; these are addressed in Chapter 4 nium Development Goals of the World Summit on and subsequent chapters. Sustainable Development, the programmatic areas and goals of the CBD’s Programme of Work (dis- cussed in Chapter 3), and the seven thematic elements of SFM developed by the CPF (discussed in Section 21 2.5). Some non-state actors, such as those support- ing the Programme for the Endorsement of Forest Certification (PEFC), have embraced intergovern- EMBRACING COMPLEXITY – MEETING THE CHALLENGES OF INTERNATIONAL FOREST GOVERNANCE