Deforestation in Subsaharan Africa

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Module Code:UJUUH4-30-3
StudentNumber:11004193
Module Code: UJUUH4-30-3
Student Number: 11004193
5993 Words
Concerning deforestation,
critically analyse whether the need
for sustainable development in
Sub-Saharan Africa has become
globalised?

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Globalisation:
Forest resources are a prevalent concern attracting unprecedented attention on a global scale.1
The concern extends to both their value as a resource and their contribution to environmental
sustainability.2 Global deforestation may have short term economic benefits for various
stakeholders, but the irreplaceable loss of biomass, biodiversity and the unquantifiable
Carbon Dioxide emissions ensure deforestation is purported as a globalised issue.3 In
combatting current deforestation in Africa, it is imperative that sustainable forest
management is initiated. Due to weak governance of the forests in Sub-Saharan Africa these
elements are neglected or inadequately enforced.4 From globalisation, multinationals are
pressured to be transparent in conjunction with emerging market pressures of social
responsibility initiating the increase of sustainable development.5 Governments across Sub-
Saharan Africa comprehend the requirement for affirmative action to minimalise the
detriment of environmental, economic and social risks.
A billion people survive in absolute poverty on less than a dollar a day.6 It is also projected
1.1 billion are without potable water and 2.4 billion do not have proper sanitation.7 It is
conclusive that Africa holds countries with the poorest GDP worldwide. It would be
fallacious to augment deforestation as the prominent issue in Sub-Saharan Africa itself. These
facts prove the government’s focus, if any, is too facilitate the basic socio-economic needs of
the people with disregard to the environment. Thus, there is a requirement from the
developed world for vast contributions both economically and socially to aid Africa. Has
deforestation become a globalised issue to the extent of which it has become sustainable? The
project will attempt to answer this question by engaging the rectification of the issues
surrounding the substantive deforestation in Sub-Saharan Africa.
Sustainable Development
For Africa’s deforestation rates to decrease, the governments will have to implement policies
and legislation improving sustainable development.8 At the current rate of deforestation
Africa would have no forests by 2100, enforcing the requisite for sustainable development;
the environmental and social trepidations were the fundamental areas of emphasis in the
Brundtland Commission.9 The definition provided by the Commission acutely defines
sustainable development:
1 Mather, ‘Global Forest Resources’ (1st ed, Belhaven Press, 1992) 1, para. 1
2 Code, Ecological Responsibilities: Which trees? Where? Why? [2012] 3 JHRandE, 84-99, 84
3 Jepma ‘Tropical Deforestation: A Socio-Economic Approach’ (1st, Earthscan Publications Ltd, 1995) 4, para 2.
4 Poore, ‘Changing Landscapes:The development of the International Tropical Timber…’ (1st ed, Earthscan
Publishing Ltd, 2003) 11
5 Higman, Bass, Judd, Mayers,NussBaum, ‘The Sustainable Forestry Handbook’ (1st, Earthscan Publications
Ltd, 1999) 6
6 UNDP, Human Development Report [2005] Economica, 3, 4.
7 Kempf, How The Rich Are Destroying the Earth (1st, Green Books, 2008) 33
Ltd, 1999) 18
9 General Assembly 42/187, Report of the World Commission on Economic Development (1987) para. 1.

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‘Sustainable development is development that meets the needs of the present without
compromising the ability of future generations to meet their own needs’.10
Decreasing deforestation in Africa can be achieved through several elements, namely, legal
frameworks, sustained and optimal production of forest products, environmental protection
measures and considerations given to the well-being of the people and the plantations.11 Due
to globalisation corporations are feeling pressured to be transparent in their dealings and with
emergent market pressures the need to initiate sustainable development has rose.12 The
concept has become globalised; an examination through the agencies promoting sustainable
development will enable an opinion on whether it is currently achievable.
Alongside a vast assortment of international agencies combatting deforestation, there have
been several international initiatives aimed at sustainable forest management.13 The African
Forest Forum is a platform for individuals that aim to support sustainable management and
utilisation of forests in Africa.14 It expects to deliver an environment for objective and
independent analysis of technical and policy related issues.15 It also publishes work related to
sustainable forest management in Africa. The International Tropic Timber Organisation were
heralded for their Year 2000 objective of all international timber sales being sourced from
sustainably managed forests by 2000.16 The 1990 guidelines contained 41 principles for
sustainable forest management, with 36 possible actions to achieve these principles.17
Similarly to many objectives surrounding deforestation the principles fell short of
expectations, but established an implicit precedent for future targets.18 Their extensive set of
guidelines are relevant to national policy, monitoring and reporting but was criticised by
NGO’s19 for its disregard towards socio-environmental issues and leniency on enforcement.20
However the ITTO guidelines are utilised as the basis of the African Timber Organisation’s
‘Green Label’ principles, criteria and indicator for sustainable management of African
tropical forests. 21 This infers recognition of the ITTO guidelines has been profound. Poore,
an influential figure in formulating the ITTO guidelines, notes the guidelines has attributed a
rise to political considerations of the forest but practical issues still remain with selective
10 WCED, Report of the World Commission on Environment and Development: Our Common Future (1987) ch.
2
Ltd, 1999) 5
Ltd, 1999) 6
13 Park, Tropical Rainforests (1st ed, Routledge, 1992) 140
14 Spratt, Researching forest taxation and REDD+ in sub-Saharan Africa: a concept note and call for research
partners (2013) ICTD Report
15 Babin, Beyond Tropical Deforestation: From Tropical Deforestation to Forest Cover Dynamics and Forest
Development (1st ed, UNESCO/CIRAD, 2004) 15
16 International Tropic Timber Agreement (1990)
17 Vogler, Imber, ‘The Environment & International Relations’ (1st ed, Routledge, 1996) 224
18 International Timber Council, ‘Achieving the ITTO Objective 2000 and sustainable forest management in
Papua New Guinea: Report of the Diagnostic Mission’ [2007] 42nd session,page 5
19 Non-Governmental Organisation
Ltd, 1999) 8
21 Poore, Changing Landscapes:The development of the International Tropical Timber… (1st ed, Earthscan

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logging practices remaining unsustainable.22 A common trend throughout researching this
project has been the repeated lack of cohesion amongst the international agencies in
combatting the weak governance to prevent forest exploitation. Whether the Target 2000 can
actually be attained is widely doubted. Currently only 1 to 10 million ha/70 million of forest
is sustainably managed in Africa, with ill equipped, underfunded and understaffed forestry
departments in most Sub-Saharan countries.23 This explicitly shows the affirmative action
required by the international agencies to aid African countries in the management of their
forests, to prevent exploitation and the negligible effects resulting from deforestation.
The Forest Stewardship Council,24 an NGO whose members are concerned about sustainable
forest management, developed their principles for the specific purpose of improving
standards of forest management.25 Their extensive acknowledgement can be perceived in
everyday domestic products, with the majority comprising an ‘FSC’ certificate which delivers
recognition of the product’s legal source. The FSC focus on abating negative environmental
impacts of all forestry operations; maximise social benefits whilst maintaining areas
emulating the original ecosystem.26 The FSC had issued 20,000 certificates in 2011, proving
they are vigorously striving to combat illegal logging and attain sustainability through
operation of their effective certification scheme.27 There have been consultations to
inaugurate a connection between the FSC and the environmental management standards of
ISO 14001, which places emphasis on development of policy, management systems,
monitoring, feedback and sustainability. The performance levels are defined for sustainable
management by initiatives such as the FSC and the ITTO.28 These agencies have assisted
recognition in the developed world, but need to become more dominant in their approach to
collaborating with stakeholders in the African forest regions. It is pivotal these agencies offer
guidance and support enabling the stakeholders to build a mutual understanding for effective
management of the forest, removing exploitation and establishing sustainability.
Sub-Saharan Africa – Deforestation:
Africa hosts 16% of the world’s forests, covering 635 million hectares scattered across the
continent.29 According to the United Nations Food and Agriculture Organisation,30 Central
Africa lost approximately 91,000 km2 between 1990 and 2000.31 The size of the Congo Basin
was estimated at 2,403,000 km2 in 2000, representing a 3.78% loss of total forest between
22 Poore, Changing Landscapes:The development of the International Tropical Timber… (1st ed, Earthscan
23 Jepma ‘Tropical Deforestation: A Socio-Economic Approach’ (1st, Earthscan Publications Ltd, 1995) 68
24 Henceforth referred to as FSC
Ltd, 1999) 11
26 Juang, Putzel, ‘Supply Market Analysis for Certification of Forest Ecosystem Services. Forest Certification,
Bodies’ Preferences and Audit Capacity’[2013] International Market Assessment , CIFOR, Part 1, 9
27 Forest Stewardship Council, http://www.fsc-uk.org/our-history.26.htm (2014) Accessed 20th Feb 14
28 Hortensius, The possible use of ISO 14001 in the forestry sectorto support sustainable forest management,
[1997] 17(1) BOS NiEuWSletter 38
29 FAO ‘Progress towards sustainable forest management’ (2005) Global Forest Resources Assessment 2005,
Forestry Paper 147
30 Henceforth referred to as FAO
31 UNEP, ‘Forests: Africa’ [2002] Global Environmental Outlook 3

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1990 and 2000. In a global context, the deforestation rates of the Congo Basin and
surrounding regions are relatively low in comparison to other tropical forests in Southeast
Asia and South America along the equator.32 The Basin holds a hot, moist climate that
receives more solar radiation throughout the year than any other ecosystem stimulating the
rich variety of vegetation.33 However, given the extent and rate of deforestation from
roadside farming and logging practices, relatively vast blocks of undisturbed African forest
will cease to exist in 50 years.34 Projections in many African countries show 80% of the
timber is utilised for fuel wood.35 There are no alternatives for the majority of the African
population which is causal to unsustainable rates of deforestation, reiterating the need for
deforestation to become a globalised issue. The developed countries will have to become
proactive in legislating against deforestation to ensure the forests of Africa remain standing
and not felled.
The graph36 exemplifies the deforestation rates in Sub-Saharan Africa between 1990-2000.
Burundi, who utilise timber as their primary resource, were deforesting at 9% of their forest a
year. The destruction of Burundi’s Kibira Forest, the country’s primary natural ecosystem has
led to extinction of species exclusive to the forest with negative losses incurred for such a
short term pecuniary gain on the revenue generated from timber.37 On the contrary, Fatajo,
32 CARPE, ‘Deforestation in Central Africa: Significance and Scale of the Deforestation’ [2001] Issue Brief 6,
Congo River Basin Information Series, 1
33 Page, From the Ground Up: Rethinking Industrial Agriculture (1st ed, Zed Books, 2001) 6
34 CARPE, ‘If the forest Disappeared What Would We Lose and What might We gain? [2001] Issue Brief 8,
Congo River Basin Information Series, 3
35
Toulmin, ‘Climate Change in Africa’ (1st ed, Zed Books Ltd, 2009) 78, 3
36 Butler, 'AFROTROPICAL REALM' (Monga bay) <http://www.mongabay.com/rates_africa.htm> accessed
20/02/14
37Burundi: Shrinking Lakes and Denuded Forests (IRIN news)
<http://www.irinnews.org/fr/report/72543/burundi-shrinking-lakes-and-denuded-forests> Accessed 5th March
2014
%

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the acting director of the Department of Forestry in Gambia mentions how reforestation
programmes has started in 1978, which promoted the plantation of 6000 different species of
trees and the importance of forest protection.38 This shows reforestation is plausible in Sub-
Saharan Africa as forests expanded around 1.1% through the 10 year period. If other African
countries were to enforce such measures, with the government empowering local
communities, reforestation would prosper. Although the model is somewhat outdated, it has
been useful in establishing the Sub-Saharan countries who have severely exploited their
forest resources. There are various causes but these must be addressed in order to facilitate
reforestation in Africa.
Economic Matters:
Africa hosts a rich diversity of forests and the widespread variety of forests provide incomes
and produce for many people, with the majority of Sub-Saharan countries holding a low
Gross Domestic Product.39 A low GDP manifests scarcity in government expenditure to
improve employment and public sector services displaying the necessity of employment
provided by the forest sector.40 In Uganda the forest sector has created around 1 million jobs,
a substantial percentage of the population, driving charcoal production, plantation
management and forest industrialisation.41 With the development of globalisation in the
timber market, jobs are provided to African people from foreign companies. In Zambia,
Chinese companies are buying up other foreign investments in the country such as the
Luanshya Copper Mine at bargain prices.42 This economic liberalisation has had
disadvantageous effects to the natives, who are abused by wage cuts and thus poverty and
power are intimately related.43 Income needs to be sustainable in order to promote the
conservation of a product which is utilised for every-day living, with poor corporate
governance likely to be a contributing factor into the hindrance of reforestation.
Africa’s dry Sahel region is inhabited by 250 million of the poorest people in the world, with
reliance on the trees for their livelihoods as the forests provide a vital source of vitamins and
minerals, contributing to a somewhat balanced diet.44 In Mali, households rely on the butter
oil processed from the shea nut tree, Butyrosperimum paradoxum, for cooking; is the second-
most important source of fat in African diets.45 The tree is revered in Benin as the ‘tree of
life’ inferring the spiritual connection between natives and the trees.46 Some countries such as
South Africa even recognise this spiritual connection and the need for sustainable
38 Gambia: Reforestation Will Help To Curb Desertification Says Forestry Director (All Africa 2012)
http://allafrica.com/stories/201208210644.html accessed 11 January 14
39 Capistrano, ‘Storehouses and safety nets’[2005] OP, 16(2): 30-31, 30
40 Broch-Due, Schroeder, ‘Producing Nature and Poverty in Africa’ (1st ed, Elanders Gotab, 2000) 199
41 Toulmin, ‘Climate Change in Africa’ (1st ed, Zed Books Ltd, 2009) 78, 3
42 Rundell ‘China’s long game in Africa’ [2009] AB 356: 30-2, 30
43 Carmody, ‘The new scramble for Africa’ (1st ed, Polity Press, 2011) 30
44 Petheram, Campbell, Marunda, Tiveau, Shackleton, ‘The wealth of the dry forests: can sound forest
management contribute to the Millennium Development Goals in Subsharan Africa’ [2006] 5 CIFOR
45 Chege, ‘Africa’s non-timber forest economy’ [2001] Dec JoF 12
46 AFP, ‘Benin tree-planting scheme brings hope in anti-AIDS fight’
<http://www.google.com/hostednews/afp/article/ALeqM5h8HEVp7DwxHZH3Gd_a8vOnStzKoA> Accessed
5th March 2014

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development through legislation.47 Constitutional provisions of Malawi, South Africa and
Uganda recognise the right to environmental protection and sustainable development of
natural resources for future generations. This is a potential area of reform for other Sub-
Saharan African Countries, as it offers an opportunity to promote these environmental
concerns at the most visible level of legal order.48 These constitutions recognise that trees
provide consistent sources of food, fuel and timber which in times of volatile turbulence in
prices, reduces vulnerability of rural communities.49 Other income generated from the forest
is the sale of bush-meat, firewood, medicines, rattan and bamboo, craft materials and food.50
Africans reliant on the forest who sell these products have little participation in the forest’s
management.51 The introduction of their contribution will have positive effects to combat
deforestation.
With current revenues of $2 million a year, the production of honey and beeswax in Tanzania
has become a nominal source of income for rural people, with the potential production value
more than fifty times this.52 The exploitation of profits and revenue from African
manufacturers is rife in all industries; contributed through sacrificing profits for revenue from
Foreign Direct Investment schemes and bi-lateral treaties.53 African states are becoming
increasingly susceptible to abuse.54 Furthermore, sale of these products can provide vital
relief to the income of rural communities. However, many states have little interference with
the development of their citizens’ lives.55 Reconsideration on the profit margins given to the
rural communities would provide an incentive to preserve their surrounding forest areas,
aiding sustainable development; improving success and revocation of deforestation in Sub-
Saharan Africa.
Agriculture:
Weak democratic structures have perverted the allocation of resources. African governments
provide inadequate agricultural investment; disregard infrastructure, fabricating a hindrance
upon delivery of private investment and aid programmes.56 In countries with weak
governance, pressures from growing populations and commercial demands have resulted in
accelerated deforestation.57 Agriculture has been the economic spine of most African
47 South Africa: National Forests Act, 1998
48 Blanco & Razzaque, ‘Globalisation and Natural Resources Law: Challenges,key issues and perspectives’
(1st, Edward Elgar Publishing Ltd, 2011) 149
52 FAO, ‘Livestock Impacts on the environment: Spotlight 2006’
<http://www.fao.org/ag/magazine/0612sp1.htm> Accessed 11 March 2014
55 Blanco & Razzaque, ‘Globalisation and Natural Resources Law: Challenges, key issues and perspectives’

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countries, employing a large share of populations and generating incomes, tax revenues and
exports.58 70% of Africans live in rural areas and depend on agriculture for a significant part
of their income, implying why it is the largest contributing driver for deforestation in the
region.59 In Sub-Saharan Africa, agriculture accounts for 17% of GDP, and 11% of export
earnings of the region.60 The figures demonstrate the economic diversity across the continent,
as agriculture in oil-producing Nigeria only accounts for 0.3% of their export earnings in
comparison to agricultural heavy countries such as Benin, Burkina Faso, Ethiopia, Malawi
and Sierra Leone.61 It is striking these are the countries with the lowest GDP’s whose citizens
receive the least income. In conjunction with rising populations, African countries need to
develop competition amongst sectors to ensure sustainability, for example, only three
companies own 45% of the cocoa roasting and grinding industry.62 With volatility in food
prices there was social unrest from citizens of Egypt, Ivory Coast, Mauritania, Mozambique,
Senegal and Cameroon about the increase.63 Social development is the primary agenda for
African governments; after years of neo-colonialism, independence has proven to be
hindering development in many African states.64 Agriculture needs to become sustainable as
a rise in general prices will not only manifest social unrest, but initiate further land
degradation, decreasing the chances of reforestation in the area.
The tropics provide a unique environment for agriculture with enormous variability: high
potential for photosynthesis, climates, soils and altitudes differ widely manifesting a variety
of physical conditions over short distances.65 Shifting cultivation is the most widespread
farming system in the humid tropics, especially in the precipitated farming areas of low
population density such as the Congo Basin.66 Since shifting cultivators are held responsible
for over half of deforestation, refining the socio-economic and environmental sustainability
aspects of this farming system seem imperative for virtually any attempt to contribute to
reducing deforestation.67 This is exemplified by 97% of all tropical forests modified by
human activity being reduced to fallow forests which are abandoned or left to regenerate
naturally.68 As the forests were cleared for agriculture in the Southeast of the United States
carbon emissions grew, but due to effective reforestation programmes, since 1950 it has
become a sink for carbon.69 This implies that if African governments actively manage the
zones in which they section off for agriculture, then reforestation can prosper.
58Toulmin, ‘Climate Change in Africa’ (1st ed, Zed Books Ltd, 2009) 69
59 Gibbs, Coalition for Rainforest Nations, FAOSTAT [2008]
60 Director-General FAO, www.fao.org/newsroom/en/news/2008/1000868/index/htm [2008] Accesed 24th
March 2014
61 World Bank, World Development Report 2008:Agriculture for Development (2008)
62 Toulmin, ‘Climate Change in Africa’ (1st ed, Zed Books Ltd, 2009) 54
64 Broch-Due, Schroeder, ‘Producing Nature and Poverty in Africa’ (1st ed, Elanders Gotab, 2000) 61
66 Myers, ‘Tropical forests: Present status and future outlook’ [1991] 19 CC 3-32, 24
69 Delcourt, Harris, Carbon budget of the Southeast U.S biota: Analysis of historical change in trend from source
to sink [1980] 210 Science 321-3

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Furthermore, rising temperatures, shifts in rainfall, extreme events and sea level rises will all
impact productivity.70 Farmers will need to build resilient systems for future agriculture, but
with lack of support from governments it will be problematic for incomes and revenue
generated from crop sales to increase.71 The Alliance for Green Revolution in Africa has
invested millions in agricultural research to identify and spread new varieties of Africa’s
main staple crop. This investment is critical to generating a more diverse and resistant set of
seed which can withstand pests and diseases, such as stem rust in wheat in Kenya and
Ethiopia.72 The Gates funded organisation also implemented targets to double the incomes of
the African people by 2020.73 AGRA has been heavily criticised for ignoring stakeholder’s
interests but is a beginning of an era in recognition of developing the Agricultural sector in
Sub-Saharan Africa. Fundamentally, if socio-economic development occurs, the environment
will benefit greatly.
Biodiversity:
In a continent abundant with exceptional wildlife, the existences of these species are solely
reliant on the forest. The Congo Basin is the second largest rainforest in the world, after the
Amazon Basin, encompassing the Democratic Republic of Congo,74 Gabon, Equitoreal
Guinea, Central African Republic and the Republic of Congo.75 These forests contain wide
varieties of plant and animal species; 80% of the species exclusively live in the Congo Basin,
highlighting the irreplaceable value of these ecosystems in terms of biodiversity.76 The DRC
holds around 480 species of mammal, 1090 species of bird, 220 species of amphibian, 350
species of reptile, 10,000 species of angiosperm which are partially protected and managed in
a system of protected areas comprising 8 national parks, 57 hunting reserves and 117 forest
production reserves.77 As many as 8 million African parrots have been removed from the
forests over the last two decades with South Africa emerging as a centre for the wild-caught
bird trade; this is mostly attributed to traders and importers taking advantage of weak
enforcement of existing laws and policies.78 This highlights the profound investment required
to sustainably manage the current rainforest to preserve biodiversity.
In establishing reform to conserving biodiversity, the ‘ecosystem approach’ consists of a
strategy for managing land resources with integration of humans being recognised as a
component of these ecosystems in the management of other live processes within them.79
70 Tewari ‘Sustainability of Commercial Forestry in a Changing Socio-economic and Legal Environment: A
case study of South Africa’ [2001] 48 Africa Today 1, 52-71, 70
71 Tewari ‘Sustainability of Commercial Forestry in a Changing Socio-economic and Legal Environment: A
case study of South Africa’ [2001] 48 Africa Today 1, 52-71, 68
73 Alliance for Green Revolution, Our story, http://www.agra.org/who-we-are/our-story/#.UzsB_fldWSo
Accessed 20th Feb 14
74 Henceforth referred to as DRC
75 Toulmin, ‘Climate Change in Africa’ (1st ed, Zed Books Ltd, 2009) Page 71
76 FAO, <http://www.fao.org/forestry/country/57478/en/cod/2002> (2002) Accessed January 14th 2014
77 N. 22
78 Africa news, South Africa; Wildlife Trade, Deforestation Threaten Africa's Parrots Africa News, [2011] Biz-
Community (Cape Town) 1

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However, implementation of this approach has fallen short to susceptible and fragile
governments affecting conservation of biodiversity in Sub-Saharan Africa.80 There was an
element of cynicism between developed and developing countries during negotiations at the
Climate Change Convention and Biodiversity Convention in 1992.81 Blanco and Razzaque
have noted this distrust amongst the developing countries has remained largely unaltered.82
However, the necessity to conserve biodiversity has become a priority on a planetary scale
for socio-economic development and commitments to provide the next generations with the
miraculous nature on Earth.
The 2000 Biosafety Protocol to the Biodiversity Convention is heavily reliant on having
transparency83 and public participation84 for effective implementation. The main complexities
surrounding transparency has been the pervasive corruption and stagnant economic
development, superficial in many resource rich developing countries.85 This becomes
perceptible when inspecting economic progression of Asian countries with limited resources
in comparison to resource rich countries such as Nigeria, the DRC and Sierra Leone.86 It is
apparent biodiversity has been given little credibility in Sub-Saharan Africa. With recent
influxes of Conventions and NGO action schemes, it will be an interesting observation
concerning the conservation of biodiversity over the next decade. The species contained in
Sub-Saharan Africa hold irreplaceable value; curbing deforestation will provide wildlife in
the forest with tranquillity and without threat of inhabitancy.
Carbon Emissions:
Deforestation not only represents significant decreases in biodiversity, income and
environmental services, but it also increases Africa’s global share of Co2 emissions.87 From
burning fossil fuels, Africa’s contribution to global emissions is extremely low, (3%)
manifesting obligations upon emerging countries to procure reimbursement for the
environmental defects caused by the developed world.88 Due to deforestation, forest fires and
land use change, Africa’s contribution to loss of carbon from deforestation is around 25-
30%.89 However, accuracies in calculating this figure are fraught with methodological
complexities due to feeble technological advancements in the continent. Alongside small-
scale and unregulated activities, the scale of harvesting is never quantified, inferring a
possible underestimation of total Co2 emission levels.90 The carbon emissions are extensive
and with population and industrialisation increases, they are likely to grow substantially over
81 Drumbl, ‘Poverty, Wealth and Obligation in International Environmental Law’ [2002] 76 TLR 843
83 Art 20, 23(1) and (3), Protocol on Biosafety (Cartagena) [2000] 39 ILM 1027
84 Articles 23(2) and 29(8), Protocol on Biosafety (Cartagena) [2000] 39 ILM 1027
85 Barton, Barrera-Hernandez, Lucas, Ronne, ‘Regulating Energy and Natural Resources’ (1st, OUP, 2006) 39
86 Barton, Barrera-Hernandez, Lucas, Ronne, ‘Regulating Energy and Natural Resources’ (1st, OUP, 2006) 39
89 UNDP, Human Development Report 2007/2008, [2008] New York: UN Development Programme
90 Williams, Neff, Scholes, Berry, Denning, Baker.’ Africa and the global carbon cycle review’ [2007] Carbon
Balance and Management, 2(3) www.cbmjournal.com/content/2/1/3

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this century. This infers strategic planning will need to strike a balance between building
carbon stock levels in the forest and facilitating socio-economic development in African
countries.91 The Congo Basin with its tropical rainforest holds the densest trees in the world,
leading to the highest amount of carbon intake.92 Policy making needs to factor global
warming as the balance between growth and decomposition will shift further, disabling the
forest’s ability to act as a sink for carbon in the future.93 Destroying environmental stability
will promote soil erosion; river flooding, silting and hydrological changes ensuring vast areas
downstream from deforestation become infertile.94 Affirmative action from all stakeholders is
required to ensure prevailing irreplaceable effects to the climate are tackled expeditiously.
Deforestation has represented a significant source of atmospheric carbon, around 20%, yet
emissions from deforestation were scarcely encompassed in the Kyoto Protocol.95 This was
based on the premise that quantifying Greenhouse Gas emissions96 were fraught with
procedural complications, weakening the overall strength of the Protocol itself.97 Under the
Bush administration, the U.S refused to commit to the Kyoto Protocol’s obligation to reduce
emissions.98 For the Protocol to be deemed successful, it would require participation from the
world super powers to promote globalisation of the concept of improving climate change. To
engage the uncertainties of developing countries being penalised for exploiting forest
resources, the Clean Development Mechanism ensured developed countries earn carbon
credits from paying for reforestation projects in the developing world.99 The CDM has
provided opportunities for developing countries to undertake accountability and appropriate
emission reduction projects, with financial and technological assistance from developed
countries.100 However, this scheme has proven to be negligible in improving investment into
reforestation programmes and with an increase in GHG emissions, formulating a financial
mechanism penalising countries has gained recognition.101 With negotiations in process for a
post-Kyoto agreement to commence after 2012, there is growing interest in compensatory
schemes to prevent deforestation. This could globalise promotion of achieving the overriding
objective of eradicating climate change.
Land ownership:
Although millions of people living in Sub-Saharan Africa benefit from access to forest
resources, they have little participation in their management. Governments usually assert
91 N. 79
92 FAO, <http://www.fao.org/forestry/country/57478/en/cod/2002> (2002) Accessed January 14th 2014
93 Global Carbon Project (2008)
95 Kunzig, Broecker Fixing Climate: The story of climate science – and how to stop global warming (1st ed,
GreenProfile, 2008) 222
96 Henceforth referred to as GHG
97 Burns et al, International Environmental Law [2006] 40 IL 197, 199
98 Thorson,Adjudicating Climate Change: State,National and International Approaches (1st ed, CUP, 2009)
257 para 1.
99 Santilli et al. Tropical Deforestation and the Kyoto Protocol, an editorial essay’[2005] 71 CC 267-76, 278
101 Kunzig, Broecker Fixing Climate: The story of climate science – and how to stop global warming (1st ed,
GreenProfile, 2008) 116

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state ownership of forests, by declaring the forests of national importance.102 The Joint Forest
Management Scheme in India actively involves local stakeholders in forest management with
research showing the participatory approach to resource management has had success in
contradiction to top-down approaches.103 Owing to inabilities of forest agencies to effectively
manage the forests, the risk of corruption associated with issuing timber permits in
conjunction with lack of incentives to local people to protect the forest has manifested
practical difficulties to African governments.104 Locating methods to strengthen local rights
to govern forests is fundamental to inaugurating long-term management and consolidating the
mitigation of climate change. Despite lobbying from various stakeholders, the International
Tropical Timber Council has made no affirmative decision recognising land rights for the
indigenous.105 NGO’s challenge to sovereignty comes from claims that indigenous peoples
should be granted title to their customary lands; local communities should participate in
decision making to prevent industrial exploitation.106 Nevertheless, governments have
retained control over high-value tropical forests from considerable revenues generated by
selling timber permits. Limited progress is being made but only outside of the dense tropical
forests. With the influx of regional agencies with a single agenda, Southern Africa has
collaborated stakeholder’s interests to preserve wildlife and woodlands, with a share given to
local villages. This emulates a Payment for Ecosystem Services system whereby beneficiaries
are given revenue to ensure the forest remains standing rather than felled.107 Studies have
shown PES schemes have had limited success only working for carbon storage, with
undesirability amongst the world in paying for ecosystem services in Africa.108 There is
currently no market confidence among carbon buyers that African countries can demonstrate
good governance that would satisfy large scale investment.109
Illegal Logging
It is difficult to quantify losses resulting from illegal logging on a global scale but the World
Bank have estimated around $5-10 billion dollars.110 Governments of African countries have
become increasingly aware of sustainable management of their forests; although they have
committed to sustainable forms of exploiting the forests, there is an inevitable lack of
enforcement of existing laws and policies.111 The funds collected from Timber Permits and
taxes from logging have been utilised ineffectively in accordance with reforestation
102 Van de Walle, African Economies and the Politics of Permanent Crisis (1st ed, 2010, CUP) 1
103 Durst, ‘Brown in Search of Excellence: Exemplary Forest Management in Asia and the Pacific, Bangkok:
FAO
104 European Council, European Union Legislation [2011] Official Journal L92,127 – 238, 128
105 Vogler, Imber, ‘The Environment & International Relations’ (1st ed, Routledge, 1996) 225
108 Finlayson, ‘Africa’s ecosystem-service schemes face many challenges’ (World Agroforestry Centre 2013)
<http://blog.worldagroforestry.org/index.php/2013/10/03/africas-ecosystem-services-face-many-challenges/>
Accessed 20/02/2014
110 World Bank Strengthening Forest Law Enforcement and Governance [2004] Washington DC: World Bank

13
programmes; offenders against legislation have been insufficiently penalised.112 This has
attributed to a rise in illegal logging, for example, in the DRC, 90% of the production of
logging in the DRC was conducted illegally in 2007.113 A rise in illegal logging infers a
detriment in revenue collection for African governments, which can be reinvested into public
services and reforestation schemes.114 In conjunction with rising populations, this is an
invaluable source of income for sustainable development of their countries’ natural
resources.115
Export taxes and log restrictions can have negative consequences for sustainable forest
management.116 Some countries that have used export taxes in this way, such as Ghana and
Cameroon, have improved the capacity of domestic processing to such an extent that
domestic harvesting was unable to continue supply in a sustainable manner.117 Combined
with weak enforcement and governance, this promoted illegal logging, corruption and over
harvesting are significant contributive factors to deforestation.118 Irrespective of these
problems, export taxes remain a key part of most forest tax systems in developing
countries.119 The non-payment of logging taxes in Gabon was estimated to cost the
government $12 million with exports of illegal origin at around 70%.120 It is conclusive that
efforts to improve tax collection would reap rewards for all stakeholders of the forest.
The 2008 amendments of the Lacey Act introduced a requirement for importers to declare
information on country of harvest, species, value and quantity of timber.121 The Act prohibits
international and intra-US trade in illegally sourced products; sale, reception, acquisition,
purchase and transport of timber within the US or beyond its borders.122 The Lacey Act also
includes a series of penalties, including prison sentences, for any company or individual who
knowingly trades in illegal products.123 There are further penalties for companies who
unknowingly trade illegal products but where they have not exercised due care in mitigating
the risk of illegal products being present in their supply chains.124 The Australian Illegal
Logging Prohibition Act prohibits both import of illegally logged timber and the processing
of illegally logged raw logs.125 Under the Act, Australian importers and processors of raw
logs are required to carry out due diligence to minimise risk of illegally logged timber being
present in their supply chains. In proving due diligence has been undertaken, the importer
112 Henry et al, Implementation of REDD+ in sub-Saharan Africa: state of knowledge,challenges and
opportunities,Environment and Development Economics (Cambridge University Press, 2011) 1-24, 16
113 Contreras-Hermosilla, Doornbosch,Lodge, The economics of illegal logging and associated trade (2007)
OECD.
114 N. 103.
116 Putz, Pinard, ‘Reduced Impact, Increased costs?’[1996] 6 ITTO Tropical Forest Update, 3
118 Bruijnzeel, Critchley Environmetal Impacts of Logging Moist Tropical Forests [1994] UNESCO
119 Mather, ‘Global Forest Resources’ (1st ed, Belhaven Press, 1992) 289
121 The U.S Lacey Act 2008
122 U.S Lacey Act (Environmental Investigation Agency,2014) <http://www.Eia-global.org/lacey/> Accessed
20th Feb 14
123 The Lacey Act Chapter 53 of Title 16, U.S Code, s. 3375 (1)
124 The Lacey Act Chapter 53 of Title 16, U.S Code, s. 3373 (1)
125 Illegal Logging Prohibition Act, No 166, 2012

14
must submit a declaration to the Customs Minister at the time of import.126 The
implementation of due diligence confirms innovative legislation has positive effects to
sustainable management of timber products. The recent improvement in developed countries’
legislation is likely to promote awareness of the issue; with effective enforcement and
sanctioning, it is likely to form a deterrent in producing and exporting illegal timber from
African countries.
Under the European Union Timber Regulation, EU operators are prohibited from placing
illegally harvested timber and timber products on the EU market for the first time.127
Operators must also exercise due diligence to reduce risks of illegal products being present in
their supply chains.128 The EUTR also requires that traders who buy or sell timber and timber
products already on the market maintain records relating to their suppliers and customers.
The EUTR forms one of two key elements of the EU’s Forest Law Enforcement, Governance
and Trade (FLEGT) Action Plan, the other being Voluntary Partnership Agreements which
are negotiated with producer countries.129 VPA’s are voluntary bilateral agreements between
EU and timber producing countries which ensure only legally harvested timber and timber
products are imported.130 Much of the demand for African timber is now coming from China,
so it can be processed and exported globally.131 China needs to comply with transparency
policies to ensure they are importing legally sourced wood. Alongside the western world,
they have fundamental obligations to substantively prevent illegal logging in Africa.132
Regional Efforts:
There is a multiplicity of conventions and organisations in Sub-Saharan Africa which
requires developing structural coherency and collaboration to initiate future progress.133 The
Central African Regional Programme for the Environment is a USAID134 initiative aimed at
promoting sustainable natural resource management in the Congo Basin.135 CARPE has
provided the Congo Basin with technological development enabling the governments to
effectively clarify structural inconsistencies. Their main strategic objective is reducing
deforestation by increasing local, national and regional natural resource management
capacity; once this has been initiated, to conserve biodiversity and protect the environment.136
The intergovernmental body COMIFAC has overseen regional activities relating to
126 Illegal Logging Prohibition Act 2012, Part 2, s. 8
127 The European Union Timber Regulation, No. 995/2010
128 EC, European Union Legislation [2011] L92 Official Journal 127
129 N.119
130 EC, European Union Legislation [2011] L92 Official Journal 127, 52
133 K. Gray, ‘Multilateral Environmental Agreements in Africa: Efforts and Problems in Implementation’[2003]
3(2) International Environmental Agreements Politics, Law and Economics, 97-135. 101
134 U.S Agency for International Development
135 CARPE, ‘Deforestation in Central Africa: Significance and Scale of the Deforestation’ [2001] Issue Brief 6,
Congo River Basin Information Series,
136 CARPE, strategic objective <http://carpe.umd.edu/about/index.php/?tab=0> [2012] accessed 21st January
2014

15
sustainable management and conservation of forests in the Congo Basin since 1999.137 The
Congo Basin Forest Partnership is a voluntary agreement amongst governments, the private
sector, civil society and development organisations that pursue preserving biodiversity.
Working in unison with COMIFAC they promote good forest governance and improve living
standards of forest populations. The CBFP has been used ineffectively due to lack of
affirmative action, but has contributed vast support to COMIFAC.138 The Congo Basin Forest
Fund is a multi-donor fund with the aim of protecting forests in the Congo Basin and
alleviating poverty.139 The dispersal of this fund around the Basin has been critical to
enhancing development. It supports activities of COMIFAC and encourages collaboration
between governments, NGOs, civil society and the private sector. This is significant as
stakeholders can initiate discussion to advance coherency on social, environmental and
economic issues, with participation from the local people who are reliant on the forest.140
This develops Africa’s contribution to International Environmental Law, which has largely
been dominated by Western scholars.141 Other sub-initiatives include the RAPAC, OFFAC
and RIFFEAC which are developing awareness of the importance of deforestation in the
Congo Basin. However, although these organisations have promoted awareness and
recognised the issues of deforestation, there has been a lack of structure between the
organisations, which is likely to hinder future progress.
REDD+
Furthermore, the UN Framework Convention on Climate Change (2007) agreed to develop a
mechanism to see money channelled to tropical forested countries to incentivise them to
adopt practices that reduces deforestation and land degradation.142 It is estimated that cutting
global deforestation by half could cost between $17-33 billion a year, which compares
favourably with more expensive ways to cut greenhouse gas emissions.143 There is inevitably
the necessity to ensure developing countries are compensated from loss of incomes they
would receive. The basic assumption driving a REDD+ scheme is that forests need to be
more valuable standing than felled.144 Standing forest may well be more valuable to forest
inhabitants, but these stakeholders have little influence on decision making.145 Conversely,
standing forest may be worth much less to forestry officials than when it is felled, since they
137 Summit of Central African Heads of State on The Conservation and Sustainable Management of Tropical
Forests: The Yaounde Declaration [1999] 38 I.L.M 783
138 Congo Basin Forest Partnership <http://pfbc-cbfp.org/comifac_en2.html> [2014] Accessed 20th Feb 2014
139
Admin_cbff, 'History and Mission'(Congo Basin Forest Fund 2011) <http://www.cbf-fund.org/en/node/64>
accessed 20/02/14
140 Erinosho, The revised African Convention on the Conservation of Nature and Natural Resources:Prospects
for a comprehensive treaty for the management of Africa’s natural resources [2013] 21(3) AJICL 378-397, 381
141 Thakur, Lagenhove,‘Enhancing Global Governance through Regional Integration’, in Cooper
Hughes,Lombaerde (eds), Regionalisation and Global Governance:The Taming of Globalisation?, (1st ed,
Routledge, 2008) 17
142 Olawuyi, Achieving sustainable development in Africa through the clean development mechanism:legal and
institutional issues considered [2009] 17(2) AJICL 270-301, 271
143 Sajwaj, Todd. Eliasch Review: Forest Management Impacts on Ecosystem Services. (UNT Digital
Library) <http://digital.library.unt.edu/ark:/67531/metadc13685/> Accessed February 10, 2014.
145 Erinosho, The revised African Convention on the Conservation of Nature and Natural Resources:Prospects
for a comprehensive treaty for the management of Africa’s natural resources [2013] 21(3) AJICL 378-397, 381

16
can gain from the issue of timber permits.146 Given the weak institutions and associated poor
governance, there are many adversities in developing a strong and equitable REDD+ policy.
International assessments such as the Global Environmental Outlook,147 the Millennium
Development Goals148 and the 4th Assessment Report on the Intergovernmental Panel on
Climate Change indicate economic growth has to detach from negligible environmental
practices primarily caused through forestry exploitation.149
When fully operational the REDD+ programme should see innovative, large-scale and long-
term financial flows transferred to developing countries to prevent deforestation.150 The
REDD+ scheme operates in 17 African countries, mostly around the Congo Basin, in
attempting to combat deforestation.151 The Forest Carbon Partnership Facility (FCPF)
supplements the UNFCCC by supporting the implementation of REDD+ activities in
participating countries. The World Bank acts as a trustee and oversees two distinct funds:
The Readiness Fund, created to support development of necessary policies and systems
needed to implement REDD+ activities and the Carbon Fund, established to provide
payments for verified emission reductions in countries making considerable progress in
achieving REDD+ readiness.152 Serious apprehensions have arisen over fallacious
distribution of funding from REDD+; the share to be gained by national and local
government as opposed to local people.153 African governments are less likely to invest
revenues on reforestation programmes, with the need to provide for rising populations.154 The
functioning of any REDD+ scheme requires cohesion between stakeholders to address
practical difficulties. The carbon stock in a given forest system needs to be estimated, but
accurately assessing forest biomass is not straightforward.155 The rate of biomass production
and therefore carbon sequestration are related to the speed of tree growth and density of trees,
and these in turn are dependent on factors such as the tree species, local climatic conditions
and how the trees are managed.156 There will be uneven benefits from REDD+ schemes
across Africa, because tree growth, and therefore biomass production in relatively humid
areas is much greater than arid areas.157 Recent research suggests that carbon sequestration
element accounts for less than 30% of the total environmental gains associated with reduced
147 UNEP, Global Environmental Outlook 4: Environment for development [2007] Malta: Progress Press
148 Millienium EcosystemAssessment, Ecosystems and Human Well Being: Synthesis [2005] Washington D.C:
Island Press 95-97
149 Reisinger, Climate Change 2007:Synthesis Report Contribution on Working Groups I, II and III to the
Fourth Assessment Report of the Intergovernmental Panel On Climate Change [2007]
150 Liu, The Cancun Agreements [2011] 13(1) EnvLR, 43-49, 46
151 International Institute for Sustainable Development, REDD+ in Africa,
<http://www.iisd.org/climate/land_use/redd/africa.aspx> Accessed 20 Feb 14
152 Spratt, Researching forest taxation and REDD+ in sub-Saharan Africa: a concept note and call for research
partners (2013) ICTD Report
153 Warren, The Convention on Biological Diversity: will the decisions made at COP10 in
Nagoya make it easier to conserve biodiversity?[2010] EnvLR. 12(4), 245-255, 255
154 UNDP International Poverty Centre, How costly is it to achieve the Millenium Development Goal of halving
Poverty between 1990 and 2015? [2006] Working Paper 19, page 17
155 Williams, Neff, Scholes, Berry, Denning, Baker.’ Africa and the global carbon cycle review’ [2007] Carbon
Balance and Management, 2(3) www.cbmjournal.com/content/2/1/3

17
deforestation. Hence, if the price of these other environmental services were to be factored
into a payments mechanism, the value of standing forests would be considerably greater.
Conclusion
The project has established that deforestation amongst Sub-Saharan countries has become a
globalised issue. Whether as providers for carbon services for addressing climate change, or
for their raw materials, the forests of Africa have been recognised as rich areas for investment
and preservation. However, the countries with the highest REDD+ potential in Africa have
extremely weak governance, a massive factor into the unsustainable deforestation rates. A
REDD+ payments mechanism has the potential to manifest sustainability by ensuring forests
remain untouched. This can only be done through the collaboration of efforts from various
stakeholders to the African forests. Reforestation can be promoted by clarifying and
enforcing rights of access and use of the forests and finding the best methods to distribute the
REDD+ payments amongst the stakeholders, avoiding corruption from government officials.
Until this is combatted, deforestation will remain prevalent amongst African states and
carbon financing will not generate sustainable forest management.
The African forests are pivotal to many livelihoods, yet indigenous people rarely have rights
recognised by law to manage their own forest resources.158 With civil war outbreaks in some
African states and the volatility in turbulent food prices, the citizens have held a reliance on
the forest itself. The ‘plunder economy’ is evident today as an estimated 3-5 million people
were killed in the war in the DRC between 1998-2003.159 The exploitation of the forest to
facilitate the civil war was substantial; led to rates of unsustainability. Furthermore, even
when the protection of the country’s natural resources is embedded in the constitution, the
lack of enforcement has led to abuse of these resources. A clear, coherent framework is
required to unify the large amount of regional and international organisations currently
operating in Sub-Saharan Africa. Although regional efforts are profound, their achievements
are not comparable. International conventions have promoted the issue on a global scale, but
the UNFCCC’s Kyoto Protocol and the International Tropical Timber Agreements have
fallen short of expectations. They have failed to establish affirmative action; although they
have significantly promoted curbing deforestation, they have not made substantial steps
towards its prevention. It is conclusive the collaboration and culmination into a unified
agency would have substantial long-term effects for reforestation in Sub-Saharan Africa.
80% of the wildlife contained in the Congo Basin is exclusive to the Basin, inferring the need
for conservation of the forests. The irreplaceable value of these species implies that CARPE,
AFF, COMIFAC and the CFB need to collaborate to effectively protect and preserve the
existence of these species. Biodiversity is essential for sustainability in all forest regions and
158 Kempf, ‘How The Rich Are Destroying the Earth’ (1st, Green Books, 2008) 42

18
the economic benefits it can bring are vast. Deforestation rates are the highest ever recorded,
but reforestation rates are also on the rise. Developing countries are implementing legislation
and conventions, such as the ITTO, to prevent unsustainability and to ensure timber products
are sourced legally. The EU, U.S and Australia’s recent legislation show the developed world
requires transparency, penalising perpetrators attempting to import wood products.
There are still many technological issues in Africa concerning the ownership of the forests,
but CARPE have attempted to establish satellite imaging to aid analysis of deforestation in a
specific region. However, this requires involvement of all stakeholders to ensure the forests
are effectively managed. It is difficult to quantify the extent of deforestation and the
environmental detriment it is incurring, at the current rate there will be no trees in Africa by
2100.160 With rising population demands and climate change affecting agriculture, there is a
necessity for affirmative action from all stakeholders to prevent and conserve the forests. It
remains to be seen whether this currently global issue will be combatted effectively in the
near future. Once deforestation rates become sustainable, African governments can invest in
socio-economic policies to enhance livelihoods of the citizens. An era now follows whereby
reforestation must become a primary agenda in Sub-Saharan Africa. Through agencies,
conventions, legislation and stakeholder participation, reforms can be made to current forest
exploitation. There forests have irreplaceable value, where the trees are relied on more than
anywhere else on the planet, showing sustainability of Africa’s deforestation has become a
globalised issue.

Deforestation in Subsaharan Africa

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