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Page | 1
EU FOREST LAW
ENFORCEMENT
GOVERNANCE AND TRADE
Stakeholder Consultation Session on FLEGT in
Regions Two, Four, Seven, and Ten.
Georgetown, Essequibo, Berbice, Imbaimadai, Jawalla, Annai, Karasabai
and Kamarang
Draft Report
Kenny David
Head, FLEGT Secretariat
Assistant Commissioner of Forests
Guyana Forestry Commission
Prepared; October 10th,2015
This project has been funded with support from the Department For International Development
(DFID).
This communication reflects the views only of the author. DFID cannot be held responsible for any
use which may be made of the information contained therein.
Page | 2
CONTENTS
List of Acronyms....................................................................................................................................................….. 3
Introduction……………………………………………………………………………………………. .5
Purpose of Session …………………………………………………………………………………6
Summary of Sessions …………………………….……………….………………………………..7
Stakeholder Feedback……………………………………..…………………………………………….12
Content of Presentations………………………………...………………………………………………33
Conclusion ……………………………………………………………………………....………………42
Next Steps………………………………………………………………………………………..………42
Pictures of Sessions………………………………………………………………………………………43
Page | 3
List of Acronyms
COMSTRAT - Communication Strategy
COP - Code of Practice
CDC - Community Development Council
DFID - Department For International Development
DCoF - Deputy Commissioner of Forests
EU - European Union
EFI - European Forest Institute
EUTR - European Union Timber Regulations
EC - Export Certificate
FAO - Food and Agriculture Organization of the United Nations
FLEGT - Forest Law Enforcement Governance and Trade
FPDMC - Forest Products Development and Marketing Council
FTCI - Forestry Training Centre Inc.
FSC - Forest Stewardship Council
FMO - Forest Management Organization/Operator
GFC - Guyana Forestry Commission
GGMC - Guyana Geology and Mines Commission
GTLAS - Guyana Timber Legality Assurance System
GPS - Global Positioning System
GYD - Guyana Dollars
GLD - Guyana Legality Definition
GRA - Guyana Revenue Authority
IPC - Indigenous Peoples’ Commission
IA - Independent Auditor
IFM - Independent Forest Monitoring
Page | 4
JMRC - Joint Monitoring and Review Committee
LCDS - Low Carbon Development Strategy
MOIPA - Ministry of Indigenous Peoples’ Affairs
NTWG - National Technical Working Group
NTC - National Toshaos’ Council
NIS - National Insurance Scheme
PPEs - Personal Protective Equipment
REDD+ - Reduce Emission from Deforestation and Forest Degradation
SFP - State Forest Permission
TMC - Timber Marketing Certificate
TIN - Tax Identification Number
VC - Village Council
VLO - Verified Legal Origin
VPA - Voluntary Partnership Agreement
WTS - Wood Tracking System
Page | 5
Introduction
Illegal logging and its associated trade are responsible for loss of revenue, environmental and social
damage worldwide. In recognition of its contribution to this global issue, the EU in 2003 developed
its FLEGT Action Plan. An important aspect of this Action Plan is the development of Voluntary
Partnership Agreements with timber producing countries, the aim of which is, to ensure that only
legally produced timber and timber products are exported to the EU. Under this arrangement a country
voluntarily enters into the VPA process and after proceeding through the different phases, the
agreement becomes law with the EU and the partner country.
Several countries in West Africa, South East Asia, Central America and South America have since
signaled their intention to enter into the VPA process and eventually signing a VPA. In South
America, Guyana has been the first country to enter the VPA process. In 2012, after a series of
engagements with key internal and external stakeholders, the Government of Guyana made a policy
decision to enter the VPA process with the EU and envisaged eventual signing of a VPA in 2017.
Since this decision, a series of initial follow up activities were undertaken in Guyana: an assessment
of Guyana’s Legality Assurance System was completed, the National Technical Working Group was
formed to steer the VPA process, stakeholder engagement activities were conducted and the FLEGT
Secretariat was set- up to support the NTWG in advancing the VPA process.
In pursuing this process, Guyana aims to formulate a pragmatic VPA which captures the parameters
of strong forest governance, sound environmental principles, legality and wide stakeholder input.
Three negotiations have been held, the first was held in 2012, the second in 2013-2014 and the third
in 2015. Additionally, several annexes (Annexes I, II, III, IV, VI, X) of the VPA have been developed
and are in their draft form. Two projects; the Scoping of Impacts Assessment and the Communication
and Consultation Strategy have been completed and stakeholder engagement activities, a critical
component of the VPA process, have continued.
Subsequent to the second negotiation, the National Technical Working Group commenced work in
June 2015. The 3rd round of National Level FLEGT Consultation Sessions aimed at updating
stakeholders on the proceedings of the third Negotiation while receiving their feedback on the VPA
process and various VPA annexes that were drafted. This document reports on nine of those sessions
held in Region one, seven, eight, nine and ten; Essequibo, Berbice, Imbaimadai, Jawalla, Annai,
Karasabai and Kamarang in 2015.
Page | 6
Purpose of the FLEGT Session
The Sessions were designed to achieve the following:
1. To introduce, enhance knowledge and share general information on EU FLEGT
2. To present and gather feedback on the following updated documents:
a) Annex 1 - Product Scope
b) Annex II - Guyana Legality Definition (4th Draft)
c) Annex III - Conditions Governing the Release for Free Circulation in the Union of
Timber Products Exported from Guyana and Covered by a FLEGT License
d) Annex IV- Requirements and Technical Specifications for FLEGT Licenses
e) Annex VI - Terms of Reference for Independent Audit of the TLAS.
f) Wood Tracking System
3. To outline the progress of Guyana’s VPA process especially in relation to negotiations
between Guyana and the European Union, the Roadmap for Guyana EU FLEGT VPA process,
stakeholder engagements
4. To specifically highlight the outcomes of the third negotiation between Guyana and the
European Union held in Georgetown, Guyana in April, 2015.
5. To provide a platform for stakeholders to raise concerns, seek clarifications and state
recommendations and expectations pertaining to Guyana’s VPA and its progress thus far.
Page | 7
Summary of Sessions
The FLEGT Secretariat on August 3rd 2015, commenced National EU FLEGT Consultations with
stakeholders in Hinterland regions of Guyana. . Two teams comprising members of the National
Technical Working Group and the GFC were engaged in discussions with indigenous stakeholders
and forest operators, some of whom included: - Sawmillers, Lumberyard dealers, Regional
Democratic Councils as well as other state forest operators (Miners and Farmers) within the
various areas. The cluster based approach was used for dissemination of information.
This report is based on the clusters completed by team two (2). See table 1 for a list of these
clusters
Schedule
The sessions were based on the 2015 EU FLEGT Consultation Schedule and the Joint Roadmap
for the VPA process.
TABLE ONE (1)
Regions Cluster Date of Meeting (2015) Team Members No. of
Cluster
Berbice July 28th -30th Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
3
Essequibo August 3rd – 5th Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
1
Annai August 31st –Sept 1st Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
Karasabai September 3rd -4th Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
Imbaimadai August 10th – 11th Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
2
Page | 8
Jawalla August 13th -14th Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
2
Kamarang
September 13th-14th
Kenny David (Head of FLEGT Secretariat)
Esther Sam (NTWG-Legal Affairs)
Quintyn Patrick –GFC
Laura Singh (NTWG- Forest Products Marketing
Council )
1
TOTAL 9
Additionally, GFC Forest Station Officers within the various cluster areas above attended the sessions and
assisted in logistics.
Agenda
Each cluster based session was conducted over a two (2) day period focusing on;
1) Providing a detailed overview and update of Guyana’s VPA process since formal negotiations
started in 2012.
2) Fostering discussions with regards to the 11 Annexes of the VPA, and more specifically,
gathering feedback on the following annexes;
g) Annex 1 - Product Scope
h) Annex II - Guyana Legality Definition (4th Draft)
i) Annex III - Conditions Governing the Release for Free Circulation in the Union of
Timber Products Exported from Guyana and Covered by a FLEGT License
j) Annex IV- Requirements and Technical Specifications for FLEGT Licenses
k) Annex VI - Terms of Reference for Independent Audit of the TLAS.
3) The Wood tracking System and improvements for tracking timber flow throughout the supply
chain were also presented and discussed. This included; accounting for imported/in-transit
timber, GPS co-ordinates and stock inventory for Agriculture Leases and Mining Permits.
4) On the final day of consultation, a small capacity enhancement session was carried out with
the participants to prepare them to conduct a Community Level FLEGT awareness sessions
within their respective villages/community associations. Participants were briefed on the
procedures for reporting feedback to the FLEGT Secretariat taking into consideration;
a) Recording feedback using the feedback matrix,
b) Accounting/budgeting,
c) General logistics preparation and
d) The use of the reporting template and FLEGT Information video to facilitate the meeting.
Page | 9
Each participant was reimbursed for accommodation, cost of travel to attend the session, and a
subsistence allowance, all for the duration of the session attended. Additionally, in order to conduct
these community level sessions, one representative of a village/community association was
provided with 30,000 GYD to offset the cost of holding such a session.
Stakeholders made useful comments/recommendations/inputs for further development of the
VPA. These were duly noted and will be recorded into the NTWG’s centralized database for
stakeholders’ comments, the “Feedback Matrix”.
Attendance
TABLE TWO (2)
Regions
Cluster areas
Organizations in Attendance
Number of
Participants
(per day)
Gender
(per day)
6
Berbice
Canje Creek Loggers Association
R&L Sawmill
UBFAPA
Amaco Inc
Macadeem Amerally
Sand Hill AVC
Mara Association Group
Orealla Loggers Association
Orealla Village Council
Kimbia Village Council
AVR
Mackbe Sawmill
24
F- 7
M – 17
4 Georgetown Nazir Tropical Timbers
SFP Holders
R. Ruben Sawmill
Linden Agriculture & Forest Producers Association
C.F.P.A.A
U.B.F.P.A
B.B.H.F.P.A
APA
TIGI
Spencer Lumber Yard & Sawmill
Yarrowkobra Coal Burners Association
Iwokrama
Parsaram & Son Lumber Yard
Muritaro AVC
AFAPA
Y SINGH LUMBER YARD
PIONEER INVESTMENTS
115 F-70
M-45
Page | 10
PARAPIE COOMACA
Choos Tropical Products
West Watooka Natural Resource Association
St.Cuthberts Logging Association
Davos lumber yard
CPT
JETTOS
Liberty Hall Warida Famers
GOIP
EPA
BAI SHAN LIN
G&I Sawmillers
Armapunita community forestry society
Rock stone loggers association
Vaitarna
Variety woods
ECO woods
FTCI
7
Imbaimadai
Jawalla
Kamarang
Imbamaidai Landing
Omanik
Kambaru
Wax Creek
Chinoweing
Kambaru
Jawalla
Phillipai
Quenabang
Kuiku
Paruima
Kako
Wamaradong
Kanwarrawatta
Kamarang compound
17
69
F – 6
M –11
M-22
F-47
9
Karasabai Paipang
Karasabi
Rukumuptu
Tipuru
Tiger pond
Yurong paru
43
M-29
F- 14
9
Annai Surama
Toka
Wowetta
Aranaputa
40 17M-23F
Page | 11
Annai
Yakarinta
Rupertee
Fairview
NRDBB
Kwatamang
Massara
2 Anna
Regina
Aurora Small Loggers Association
Burabaro Small Loggers Association
New Haven Siriki Sand Association
CVC State Forest Permission
Wakapoa Village Council
Mainstay Loggers association
Thomas Enterprise
Bethany Village Council
Akawani Village Council
EKDA SFP
BSLA
Upper Pomeroon Chain Saw Logging Association
RPLA
Abdool Jamiel Azim
Kabakaburi Village Council
Nandkishore Singh Lumber Yard
ASLA
GHSSLA
M. Insanally SFP
P. Saichara
Kiln Drying Association
CCYDLC
Michael Lowe SFP
Supernaam Fairfield SLA
42 23F-19M
TOTAL 350 167-F
183-M
Statistics are based on the average number of participants in attendance per day over the two (2) day period.
F – FEMALE M – MALE
Page | 12
TABLE
THREE (3)
Cluster Questions Comments Responses
Essequibo When it comes to the law, how do it apply, how does it filter down?
Even from the source of the timber the law applies, cutting and felling of trees. These Laws are our own and have to be complied with for us to be legal.
Essequibo Why 5 years before we revisit the Agreement?
The VPA should start looking at Nebe and Kofa now
It can be shortened, you don’t want to agree on something then revisit shortly after. Timelines are negotiable. Most VPAs are 5 or 7 years.
Essequibo Would codes be used on the document?
The codes are already used by customs and these would be known worldwide
Essequibo What happens if the agreement is signed and someone wants to ship something to the EU that isn’t on the list?
There must be negotiation between buyer and seller and the buyer will inform the seller what docs. He/she needs to supply. Note the product scope is not limited and other products can be added when the agreement is revisited.
Essequibo Tagging is done as usual. Is there an Independent body that verify or they would take GFC word
When the agreement is signed we agree to the terms of auditing; there will be an independent audit. We have to agree with the EU when the Independent party will come to audit.
Essequibo What makes FLEGT different from VLO, VLC
FLEGT is international while VLO and VLC is company based. FLEGT will however seek to recognize these other certification schemes
Essequibo What happen if you want to transfer materials from one village to another?
It can happen, just inform someone from the GFC of the operation. There must be a unique document to show the movement
Essequibo The use of water way to do extraction; need to clear the creek to bring out produce. How can I bring it out for my personal use?
Concessionaire must be informed and once its for personal (traditional) use then this is okay
Essequibo As it relates to Under age labour, Amerindians are being exploited
Lumber entering the EU without persons being paid is illegal. Amerindians (or any other person) must be paid before the wood enters the EU
Essequibo Small concession doesn’t have money to pay Amerindians before the wood enters the EU. Advances given and persons never show up
Again these are the reasons why you need to have contracts in place; these can be used in the event that there is a problem with payments for example.
Page | 13
Essequibo What species of lumber is required by the EU?
Broad spectrum… Dried lumber/timber. Value Added Products. At this point we are supplying mainly roundwood and sawnwood but there is work being done with other products the EU may require
Essequibo What about communities that does have a legal title?
They can supply any product they want to the EU once its covered by the VPA- Product list
Essequibo What about villages not demarcated according to the description of the title?
Demarcation is quite critical since it would bring legal origin into question if not in place; these need to be resolved or have a legal arrangement in place
Essequibo Would the monitoring be done before or after export?
Monitoring is not specific to any wood, it’s the system. To make it follow all the policies and procedures somebody will verity when the shipment comes to Forestry. The idea of course is to have the monitoring done before the export to prove legality.
Essequibo EU gives guidelines which we have to honour?
Yes, hence the birth of the Annexes; but to note that the content of these Annexes are up to the partner country
Essequibo If when complete would there be rejection from the EU in terms of the law and any one item which they might not approve?
Basically, once the checks and balances are done in country for the specific products, the EU will not reject. If the license for example has a problem then the licensing authority will resolve the matter
Essequibo Wearing steel tip boots when felling trees, the logger need to feel free as possible in the event something is to happen Recommend light boots, canvas or long boots Gloves, the flexible one and not the stiff one
Essequibo How rigid would the EU be in terms of demarcation when it comes to boundaries?
Very rigid, because you don’t want produce coming from areas where it’s not suppose to. Guyana is also rigid on demarcation.
Essequibo An area which is state lands which will be used by GGMC stakeholders in the future, how can we make use of the trees?
Persons who have mining claims are able to enter the supply chain. SFA holders have first right to timber. These rights can be given to the claim holder by the SFA holder.
Essequibo How long does the verification take in terms of the FLEGT license?
24 hrs. under the current system, 2 days or longer depending on what information we have available. Of course you want a system that is as fast as possible and credible.
Page | 14
Essequibo Before you export you need receipts, permits etc, in the event you don’t have a receipt?
Clearly a receipt, permit is needed to show origin. If this does not exist then clear reasons for this would need to be provided and verified.
Essequibo If a supplier has his FLEGT License and ship overseas and there is question of the source of shipment, where would the burden fall?
Based on the agreement EU can’t question product at arrival in the EU. However, the burden would fall on Guyana as a country.
Annai Any company uses FSC? Yes and there are others who are looking to use FSC as well in the future.
Annai Has Guyana signed onto FLEGT?
No, we have simply signed an MOU which says we are serious about the Negotiation of the Agreement; the Agreement is still being consulted on.
Annai Is FLEGT discouraging companies from using other licenses?
No its not. IN fact other licenses such as the export license will remain in place; under the law.
Annai How can GFC facilitate Annai with Timber Agreement?
The GFC can provide the relevant training and capacity, once requested, to ensure the logging is done according to established procedures. Agreements are usually between buyer and seller.
Annai How can we be part of the FSC?
Recommend more collaboration with the international communities
Companies cab be part of FSC by contacting the organization and indicating their interest. This first step will clarify what FSC is all about and what needs to happen going forward.
Annai Can GFC sponsor 2 student to attend schooling as it relates to Forestry and FLEGT
GFC has always provided support in this regard and would continue to do so. Of course there are guidelines under which this can happen and these can be discussed in more details directly.
Annai How is FLEGT and LCDS related?
FLEGT was birthed under the LCDS through the REDD+ initiative. Redd+ is seeking to reduce emissions from deforestation and forest degradation. Illegal logging will cause greater deforestation and degradation. So FLEGT helps REDD+ to be achieved
Annai What criteria does the EU use to know our timber is illegal? Would this influence our Forest Act
The criteria for legally is based on Guyana’s laws. If these laws are broken then it is considered illegal under the agreement. This does not influence our forest act except if there are areas where further work needs to be done. This is of course up to Guyana.
Page | 15
Annai Where is DFID? The local office is located on Georgetown and the contact information can be shared with you. The main office is UK based.
Annai How does FLEGT affect the COP?
FLEGT does not affect the COP except by providing another avenue for checks to ensure it is being followed.
Annai What will happen if you want to export to a country who will be exporting to the EU?
The Agreement is between Guyana and the EU. If the other country wants to export the EU then they also needs to have a VPA or other arrangement in place.
Annai Why aren’t all the conventions listed in the Acronyms?
If some as listed in the document but not the acronym then this needs to be done.
Annai As the Government changes would it affect the agreement? Would it change?
The agreement can remain the same unless the new government wants something to be changed. Of course there has to be good reason for the change/ suspension of the agreement.
GFC should also have copies of the Amerindian Land Title
Annai Why is the minimum age 15 but NIS Registration is 16?
This needs to be relooked at the legal level; there may be a discrepancy which we need to look at. Again these are some of the things which VPAs help to correct.
Imbaimadai In mining there is paper trail is it similar to forestry?
Yes, it is similar
Imbaimadai In terms of illegal logging, what will be ceased the entire produce or just the addition?
The entire produce; usually because it is extremely difficult to say which part is legal and which is illegal.
Imbaimadai What happens to trees once they are removed from an area for mining to happen? The trees are pushed to another area, burned or camps are made with them.
Imbaimadai What would happen if someone strips a log into boards then transport it?
Before the logs are stripped into boards Forestry should be notified so verification can be done. In your case as you pointed out GFC is not in this area as yet
Imbaimadai For Amerindian lands, do they pay royalties?
No, only state forest owners. Amerindians only pay $1 for the permits
Imbaimadai For proposed areas, do they have the same right in cutting and removing timber?
No. For proposed areas, persons working there would be reallocated until an agreement was concluded which gives them rights to the proposed area.
Imbaimadai Would the EU be sending monitoring agents?
After the system is set up there is third party verification. It’s part of the agreement, how
Page | 16
and when they would check the system. We would also pilot test the system, we don’t want to say the system is working and it’s not. They expect when they come the system is working.
Imbaimadai Who would be responsible in the event something went wrong after the license is issued? ( Shipping of illegal substance in the timber)
Forestry has jurisdiction (we are not qualified to check for cocaine, the law gives us boundaries), we have staff trained to verify quality of produce when it’s done you will be issued a license. The GRA/ Customs also has a role to play before the timber leaves. Guyana will be held responsible if something were to go wrong.
Imbaimadai There should be a group of persons who decide and issues a license. Allows more transparency. If a license is not given there should be a general reason why it wasn’t given
Yes, once a license is not given, there will be clear reason(s) why it was not given.
Imbaimadai Are there other countries in Europe that are not part of the EU?
Yes there are. It’s the 28 countries that we are negotiating with under the VPA who currently make up the EU.
Imbaimadai What’s with the Government and the Value Added Products?
The idea with VAP is the more you add value its more money coming back to you as a country. The persons who get the greater value are the ones who buy and make products from the raw materials.
Imbaimadai Only persons who cut logs are exporting logs?
Yes, the law states only holders of concession can export logs
Imbaimadai There is some mineral under the earth what do we do with these trees? What’s the best path?
Some trees when planted as post would start shooting out
It’s those things we need to discuss further. Burying is an option but we need to consider feasibility and how do we get the best value from the resource.
Imbaimadai Sometimes you mine in one area put aside the timber but you don’t have the time to look over the timber and its gets stolen.
Imbaimadai You have permit there is a third party (loggers) don’t have a concession but want to do logging on your concession for commercial purposes. Do you have the right to stop them?
Yes you do and make contact with the Forestry Commission. Them being allowed to harvest, if at all, needs to go through a process.
Imbaimadai
Imbaimadai 11th Aug 2015
Page | 17
Imbaimadai If you have a shipment but the shipment didn’t leave and you have some more products you want to add can you add that to the shipment?
When it comes to lumber any one can export but when it comes to logs you need to be a concession holder or part of a reservation
No you can’t add to the shipment what can happen is that license is cancelled and another generated which will cover the total shipment.
Imbaimadai Can a concession holder buy logs from another concession and export?
No, He can only export logs from his concession
Imbaimadai Tagging is something got the EU Initiative or it was something that was there all the time?
It was something that was there all the time; the tagging system was set up since 2000 by Guyana.
Imbaimadai Size of the concession that will be given to the logger?
Size varies depending on the nature of the operation
Imbaimadai In the mining Industry person prospect areas does the same thing happen for the forestry operations?
For large areas, an inventory must be done but for the smaller areas that isn’t always required. Concessionaire are given time to visit the areas to determine the level of stocking/ number of good trees available.
Imbaimadai Going on local marketing looking for wood but there is a short due to export. Is there a system in place for a % of the wood left on the local market for domestic use?
Could GFC impose a condition where you must sell a % to the foreign market? Forestry purchase a percentage and hold it for a certain time but if it don’t sell it can be export and the money used for structural development. *Replicate Gold Board system(Consolidation Yard)
There are 2 Species we limit export on, Crab wood and Locust. If it’s dressed we allow it to be exported. We limited export of logs to who holds the concession If there is a shortage, efforts are made to ensure that local market is adequately stocked. Of course there has to be a balance between what the local market will pay and maybe what you will earn from exports.
Imbaimadai Do Forestry tell you where to find what?
There is general information available on where you would find certain species but you the stakeholder can ask for GFC assistance it getting a better understanding of what trees are available.
Imbaimadai As of now are we exporting timber to the EU
Yes, but under the EUTR which is really about the buyer making it clear what he wants the seller to present for legality.
Imbaimadai If you should find corruption what systems are in place to deal with corruption?
The would bring an impact on the underworld (those who try to smuggle illegal substances)
The implications are significant. If something illegal leaves port GT and reaches the EU it makes the entire country look bad. EU is negotiating with the Government and not
Page | 18
individuals. The system is brought under questioning.
Imbaimadai Is there going to be any training program for future exporters under the FLEGT Agreement?
Forestry has a training center which can be utilized at your request for training in different areas of forestry.
Jawalla How do we compare or distinguish between FLEGT with the Norway Agreement?
Activities must be done in a way that reduce emission from deforestation and forest degradation under the Norway Agreement while EUFLEGT tries to eliminate illegal logging which will aid in the overall protection of the forest.
Jawalla The VPA, the last GFC we learn about REDD+ they are looking to reduce emission. If EU continues to buy we will never reduce emission. What is the nature of the VPA and EU?
EUFLEGT does not say we have to sell the timber and cut more trees; it says if you want us to buy your timber it must be legal. Even under REDD+ harvesting is still taking place. The elimination of illegal harvesting is a good thing in this regard.
Jawalla Capacity wasn’t there in terms on monitoring mining, how does we guarantee monitoring when it comes to Forestry?
Understand that the GFC does already have a system to monitor the forest and how it is used. This system will be used as the base and built further depending on the level of monitoring we may need under the VPA.
Jawalla Is there any Law when it comes to Forestry?
All ACTS that would be necessary when it comes to FLECT.. Forest Act, Labour Law etc for communities
Yes, the Forest Act is one. There are other laws which also have an impact such as the labour laws.
Jawalla What are the consequences if the license becomes void?
Before the shipment leaves, a license is logged with the EU and one go with the shipment. If it becomes void, then a decision is taken and a new one may be issued
Kamarang Did this organization meet
with everyone?
Yes we are talking to everyone; those
directly and not so directly involved in
forestry.
Kamarang What agreement did the
others come up with?
We want to hear their
suggestion we can make an
input
Again the comments matrix which I will
give to you will help you to see what the
comments are made over the last few
years. Of course once there is ,clear
understanding, you can make your
comments as well.
Kamarang It is our interest as stakeholders
to understand what is said. We
should sign some agreement for
the continuity of the workshop
We will continue to talk to you over time.
We have been here before and have
received inputs from your people. Many
of them are not here. We want continuity
Page | 19
for those persons who doesn’t
understand.
and we have made some provisions for
this which we will discuss later.
Kamarang Maybe after the workshop the
rep of different communities
come together and discuss
things that we didn’t
understand so we can go back
with one message.
This sounds like a very good idea and of
course we can also clarify key areas if not
understood.
Kamarang Is there any funding from
the EU to the government
of Guyana and is it related
to LCDS?
Yes there is some funding on FLEGT and
FLEGT related projects. This is not
directly related to the LCDS although
some of the monies are coming from
Norway.
Kamarang What species of Lumber
can we supply EU with?
Mostly tropical hard woods which has
traditionally has a god place on these
markets. What they are looking for is still
open. What we are trying to do now is
promote lesser used species as well.
Kamarang Are they using Guyana, in
terms of Guyana having the
largest Jaguar and lily?
For the EU it’s all about promoting the
trade. As I indicated, FLEGT is simply
making the path to trade easier. How
much trade happens over time is
controlled by many factors.
Kamarang Our seniors are well informed
and I feel disadvantage as youth
even though I’m on the net
every day I have never seen
anything on EU FLEGT.
On that note you should ideally visit the
GFC website where there is a lot of
information which can be found on the
process in Guyana
Kamarang Young persons can be trained
so they can come back and
inform others in the villages?
Kamarang What quota is required by
the EU
The EU does not set any quota, it’s the
GFC who works out your quota and you
cannot cut more than was calculated.
There are checks to ensure you do not over
harvest as well.
Kamarang Seeing we have the LCDS,
if we would not as a country
exploit more than what is
set
Again you need to remember that the
LCDS never says to stop cutting. WE are
allowed to harvest up to a certain limit.
FLEGT simply allows us to access the EU
market within the same cutting limit; in
other words we can chose to sell our
product to another market. We will not
Page | 20
over harvest. Please remember our laws
say we cannot over harvest.
Kamarang When villages have to
agree to supply the market,
I saw in the document we
have to pay royalties.
We have manage community lands and
we have never paid royalties.
Once lumber/logs are for sales according
to the regulations royalties have to be
paid.
Kamarang GFC can sponsor youth so they
would be able to come back and
assist the other in
understanding Forestry.
Funding isn’t available to send
our youths to further their
education.
Kamarang Are you saying that Guyana
and the EU are in the
negotiation stage or an
Agreement has been
signed?
We are still negotiating, we don’t want to
tell the EU we are doing “X” and we are
not, hence nothing was signed and all the
documents are in draft stage. You will also
have a chance to see the document which
we are going to sign and be allowed to
make comments.
Kamarang Though we may not be
involved in logging we can
make recommendations
You can make recommendations, note not
everything is taken on board; there will be
times where compromise will be on both
sides. If not, we explain why it cannot be
taken.
Kamarang Even though we don’t do
logging concessions are being
given out. For example, when
laws are being changed we are
not involved we just hear about
what happen and will happen,
persons are given permission to
mine
You have to look at one law against
another to make sure there is no conflict.
Consultation must be done with the
relevant stakeholders. I have seen
indication that the Government wants to
involve stakeholders. FLEGT is one law
where stakeholders are involved in its
formulation
Kamarang Interpretation of the ACT is
what we have conflict with.
Kamarang Any deadline for the
agreement?
March 2016 – we want to sign
the documents ( compiled
documents)
March – Dec 2016, you will be
able to make inputs
Kamarang EU should establish some
office to check to make sure no
illegality happens
Note that there is an EU office here and
they will play a role is setting up the
system. Once the system is set up, only
periodic checks will be done. It is
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expected that the systems in place will
function as they should.
Kamarang Is Amerindian lands
considered private lands?
No. The laws defines private lands as
separate from private lands. They are still
your lands and the timber to be used by
you how best you see fit.
Kamarang If we want to do logging,
the Village Council will
have to do tagging?
Yes they will. It’s the only way we can be
sure of where the timber is coming from.
Kamarang What about communities
that are not demarcated but
have a valid title
We know our boundaries and
the people in the office don’t
Find the description on the
legal title which should be with
the plan.
Communities has to be demarcated, what
will be accepts is what is on the title
document.
Kamarang Areas that are savannah
lands that are village. Can I
apply for a concession out
of the Savannah?
Yes, it actually happen e.g. Mainstay has
a piece of state land. Under the state land
we can’t cut bullet wood but on village
lands we can cut any amount.
Kamarang From experience, enforcement
has the problem and not the
law. Mining get into conflict
with communities and no one
enforces the law
Kamarang Do we have enough people
to monitor what is
happening in out areas?
Even if we have they should
be updated.
Provide: Labour ACT, Safety
and Health
There is a need for more human resources
but this is also being looked at under the
arrangement.
Kamarang When the lumber is ceased
who controls the illegal
stuff? Who owns it legally?
The produce is then in the custody of the
state. The issue can be resolved by the
court of an agreed compensation can be
paid for the produce to re- enter the supply
chain.
Kamarang What percentage of the
Amerindian understands
what is being said?
I do believe that there is greater
understanding now that this session has
taken place. Based on the questions asked,
clearly there are many who are on par with
what is being said and have made useful
contributions already. Again as some of
you indicated, many persons in times past
did not return to communities with what
they has learned and hence the process has
not been as effective as it should have
been.
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Kamarang Even if we get the ACT
understanding the ACT
may be difficult
To get a full understanding make
arrangement with the Chief Labour
Officer and let them guide you. Again
there are some basic areas where it may be
possible to receive some funding for.
Georgetown Will the VPA subject
stakeholders to a one off
licensing as with the case of
the EXPORT licenses or is
there a renewal process for
each export?
Every shipment will require a new license
but the license is based on the shipment
being cleared for export to EU
Georgetown Will non EU markets
require the FLEGT
licenses?
Non EU shipments will not require a
FLEGT license, this is strictly for the EU.
Georgetown How aware are the GFC
Forest officers on ground of
the FLEGT VPA process in
Guyana?
There are plans for similar sessions to be
held in house to make officers more aware
of FLEGT.
Georgetown Has Guyana been
requesting certificates for
imported timber, how do
we keep abreast with those
imports?
No system has been put in place to deal
with importation of the Timber in terms of
certification, however, this is currently
being looked at at the level of the Guyana
revenue authority.
Georgetown Can we add products such
as NTFPs to the product
list?
Yes, more products can be added to the
list currently being negotiated.
Georgetown For logs being approved by
GFC but rejected by buyer,
can the tags be reused for
new produce to be
exported?
No tag can be reused for newly harvested
produce. Each tree will have a tag attached
to stump and produce after being
harvested, hence whatever is cut from that
tree should carry the particular sequence
of numbers, and this should not be
replicated.
Georgetown In terms of tracking timber
and movements without
documents, how do we deal
with produce coming from
the forest on several
transportation?
More than one trucks can used on one
removal or transshipment permits
document , provided that that movement
is in a convoy, or a trip sheet is issued in
conjunction with a permit that allows for
multiple transportations
Georgetown How will the VPA benefit
us financially, will the
market in Guyana be
preferred over other
markets as a result of
signing onto the VPA?
The FLEGT license will allow for
stakeholders to tap into the European
market which will otherwise be
inaccessible without the licenses .a market
that will eventually become wider and
more demanding.
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Georgetown What percentage of
stakeholders input is there
in the development of the
documents currently being
used for the VPA
negotiations?
All documents are as a consequence of
stakeholders’ input, after consultations on
current documents, amendments are
made, and these changes are reflected in
the matrix of comments that shows what
comments are taken on board and what
were not and why.
Georgetown Legal piece of wood looks
the same as an illegal, in
such cases what systems
will be put in place to
distinguish between the two
and ensure compliance?
Mechanisms employed by the GFC are
the use of hammer branding which carries
a unique number, in addition to the spray
paints for lumber. For logs the unique tag
sequence is used via bar code scanner.
Georgetown Some Amerindians are
accustomed to using
poisonous substances for
fishing ,this we know can
cause damage to other
underwater animals and
people who utilize the
stream ,What about the use
of poisonous substance for
fishing for traditional use ?
The use of poisonous substances for
fishing by indigenous peoples is not a very
prevalent practice, however, because of
the effect it may have on other environs
this practice will be looked at in greater
details.
Georgetown What is the difference
between Amerindian and
Indigenous peoples, what is
traditional use according to
the Amerindian /indigenous
people?
Georgetown Has forestry been
approached by non-
traditional people for the
use of the forest produce
apart from logging?
Yes, persons have approached forestry for
uses such as fishery, charcoal, agriculture
and tourism.
Georgetown In terms of land clearing
and the practice of slash and
burn by indigenous
communities, what is the
prevalence of this activity
and how is this dealt with
by the forestry
commission?
For blocks being allocated
for mining, there are times
when trees are cut for
traditional purposes
The normal procedure for this is for the
Amerindian village write a letter of
request to the GFC seeking permission to
cut in a named quantity who will then
Page | 24
without the permission of
owners but has to be
accounted for by the
holders in terms of tagging,
how do we deal with these
stumps in cases where GFC
would institute fines?
issue tags for the required amount that is
provided it’s for non-commercial use
Georgetown Can the GFC have more
sessions to enlighten the
stakeholders of the VPA so
that better management
practices can be employed
by stakeholders?
Yes the GFC will try as best as possible to
accommodate stakeholder’s sessions
across the country on FLEGT.
Georgetown Are there currently any
restrictions for produce
from Guyana to the EU
market?
There are restrictions currently to the EU
from Guyana.
Georgetown Who will be held
accountable for third party
negotiations when the chain
of custody for a particular
shipment that maybe
confiscated by forestry?
GFC doesn’t get involved in third party
negotiations simple, however, for
confiscated timber the licensed holder will
be held accountable for any confiscated
produce.
Georgetown What can the GFC do about
third party agreements that
have been breached for any
particular export produce?
GFC doesn’t get involved in third party
agreements, however, if the need arises
GFC can act as a mediator for the parties
involved to resolve conflict should they
require the assistance. Parties can and are
encouraged to use written contracts before
entering into business.
Georgetown For the VPA is it possible
for a third party to do
verification checks for
custody as outline by the
COPS?
Yes it is possible for an independent party
to do verification checks.
Georgetown Who issues a custody in
event of FLEGT licenses
being found to be tampered
with?
Georgetown How would the IFM deal
with situation where there
is un-verified logs found
during their audit?
That is considered as timber found adrift
hence its will be considered state property
Page | 25
Georgetown What section of the LAS
will the EU focus on in
there verification?
Georgetown What will be the validity of
the FLEG license
Each shipment will require a new license.
Georgetown How will the VPA deal
with breaches unearthed
after a shipment has left the
shores of Guyana?
Georgetown What support measures are
needed to ensure the
systems currently in place
are working and will
continue to work?
Georgetown In light of illegality
occurring in the forest how
can we ensure 100%
verification?
Though not equipped with the proper
mechanism to ensure 100% verification
through our checks and balances and
audits ,random sampling of each area is
done that gives a fair idea of what happens
on ground
Georgetown
What’s the deadline of the
submission of the draft
documents?
Like the other Annexes of the VPA, there
are specific deadlines which are given to
allow for the actual document to be
developed. However, the documents are
subject to change until the VPA is signed.
It is extremely important that stakeholders understand the basic concepts so that they are able to
make meaningful contribution during discussions. The National Technical Working Group, having
recognized that stakeholder feedback/input is hinged on their awareness of the EU FLEGT VPA,
has made significant strides to ensure that each cluster based consultation session starts with the
presenter providing a baseline understanding of What FLEGT is, what it seeks to achieve and
Guyana’s involvement in the VPA process since 2012.
This first presentation therefore sets the proverbial “stage” for all other discussion which follows.
Nevertheless, in order to provide this “baseline Understanding”, for the first part of the
presentation, the presenter fostered discussions on the following;
Page | 26
a) The meaning of the acronym F.L.E.G.T V.P.A in relation to the EU FLEGT Action Plan, the
initiative and response to curb illegal logging.
b) The negative impacts of illegal logging and the EU’s move towards gradual reduction in the
trade of illegal timber and timber products
c) The synergies between REDD+ and the EU-Guyana FLEGT VPA
d) Addressing the issues of illegal logging; economic, social and environmental damages through
FLEGT.
e) Development of the Voluntary Partnership Agreement as it relates to;
Establishing a working timber legality assurance system
Its adaptability to in country circumstances i.e. different laws and different forest
management operators.
Negotiations with both local and international stakeholders to determine what is
legal, what is implementable and what works
3rd party verification and Joint Peer Review (Guyana and EU) to check the system
and monitor its operation against agreed standards.
f) Countries involved in FLEGT – Countries that have shown an interest in FLEGT, those that
are in negotiations and those that have already signed a VPA.
g) Benefits of FLEGT to Guyana
Having broadened the audience’s knowledge on the FLEGT through discussions on the point listed
above, the second part of the presentation sought to focus more on Guyana’s progress to date on
the EU FLEGT VPA since March, 2012 when a policy decision was made to enter into negotiations
with the EU for a VPA.
As part of the update, the following points were discussed;
a) The Guyana Forestry Commission being identified as the lead agency for the process and its
involvement in the development of the VPA
b) The formation of the National Technical Working Group (NTWG), an outline of its thirteen
(13) member agencies and a description of the group’s function in relation to advancing the
VPA process.
c) The formation of the FLEGT Secretariat, its composition and location, and its objectives.
Page | 27
d) Development of the Joint Roadmap and Key Milestones achieved thus far; status of
development of annexes (whether drafted or not), EU-Guyana Negotiations , Technical
Meetings (Video Conferences) and Technical Sessions (with the European Forest Institute)
e) Status of EU FAO FLEGT Projects, and what they entail – Specifically,
Completion of the Scoping of Impacts Assessment
Finalization of the Communication and Consultation Strategy (COMSTRAT)
f) Brief overview of all drafted annexes (Annex 1 – Product Scope, Annex 2 – Guyana Legality
Definition, Annex 3 - Conditions Governing the Release for Free Circulation in the Union of
Timber Products Exported from Guyana and Covered by a FLEGT Licence, Annex 4 -
Requirements and Technical Specifications for FLEGT Licences, Annex 6 - Terms of
Reference for Independent Audits, Annex 10 – Information to be made Available to the
Public).
g) Expected dates for completion of the 1st draft of all remaining annexes.
h) An update on the 2013/2014 round of National Level Stakeholder Consultation - the key items
discussed (and to which feedback was received on), the way in which consultations were
carried with regards to the use of the COMSTRAT and respect for stakeholders’ FPIC,
NTWG’s involvement and statistics in terms of completed clusters and number of stakeholders
targeted.
i) Development and use of the Feedback Matrix to capture information received during
consultation and map changes in the Legality Definition by stakeholder input.
j) 2015 NTWG consultation on Annexes II, VI and X
k) Support mechanisms for the VPA process i.e. the involvement of donor agencies; FAO, EFI
and DFID with regards to financial aid and the provision of technical expertise; EFI’s technical
team and the development of a FLEGT Facilitation Support office to lend technical support to
the development of key VPA annexes.
l) Parameters of the VPA which focused on the coverage of FLEGT Licenses under the EU –
GUYANA FLEGT VPA, the development of the VPA by building on the existing Legality
Assurance System of Guyana and the use of the VPA TLAS with regards to domestic and
export markets.
m) Next steps – Key Milestones to achieve in the coming months as stated in the Joint Roadmap.
Page | 28
Presentation two (2) - “VPAs: The Bigger Picture”
This presentation was solely based on the eleven (11) annexes of the EU – Guyana FLEGT VPA.
Being of a technical nature, the main objective of the presenter was to outline in the best possible
way (where stakeholders can understand what the annex is about and make recommendations or
comments on its contents) how each annex describes in detail the practical steps for implementing
the core commitments in the VPA.
The following annexes of Guyana’s VPA were discussed during this presentation;
1) Annex I – Product Scope
2) Annex II – Guyana Legality Definition and Regulatory Framework
3) Annex III - Conditions Governing the Release for Free Circulation in the Union of Timber
Products Exported from Guyana and Covered by a FLEGT Licence
4) Annex IV - Requirements and Technical Specifications for FLEGT Licences
5) Annex V – Description of the Guyana Timber Legality Assurance System (GTLAS)
6) Annex VI - Terms of Reference for the Independent Audit of the GTLAS (drafted)
7) Annex VII – Implementation Schedule
8) Annex VIII – Supporting Measures for Implementation
9) Annex IX - Criteria for Assessing the operationality of GTLAS
10) Annex X – Information to be made Available to the Public
11) Annex XI – Joint Monitoring and Review Committee (JMRC)
Stakeholders were provided with a copy of all drafted annexes before the date of the scheduled
meeting so that they have ample time to peruse the documents and make provide informed
feedback on the date of the meeting. All drafted annexes were discussed in detail with the full use
of each of the actual document. These drafted annexes are; Annex I, II, III, IV, VI and X.
Additionally, despite not having a physical document for the remaining annexes (which were not
yet drafted – Annex V, VII, VIII, IX and XI), the presenter ensured that participants understand
the core concepts of each those annexes (in relation to the VPA), what they seek to do and what
they are likely to entail in terms of content. By doing this, participants were able to make
Page | 29
recommendations on what they feel should be included in the first (1st) draft of these annexes. This
helps the NTWG to understand the expectation of the various stakeholder groups even before the
annex has been drafted and will thus assist greatly on what its contents will be.
At the end of the presentation, participants were able to have answers to the following questions;
1) What are the products covered under the EU – Guyana FLEGT VPA?
2) What are the different sources of timber covered under the Guyana Legality Definition?
3) Under this annex, what will the EU competent authorities do on receipt of a FLEGT license
from Guyana?
4) What is the general format of FLEGT License?
5) What are the components of the Guyana Timber Legality Assurance System (GTLAS)?
6) How often will independent audits be carried out in Guyana under the VPA and why?
7) When does Guyana expect to commence the implementation phase of the VPA and how
long after then will FLEGT license timber from Guyana be on the export market?
8) What are some of the supporting measures assistance can be granted for under Annex VIII?
9) How does this annex IX relate to the EU under the VPA?
10) In VPAs signed to date, what does the lists of information to be made available to the public
often include?
11) What is the JMRC and what does do in relation to the VPA?
Presentation three (3) - “Guyana’s Wood Tracking System”
Recognizing that “Supply Chain Controls” is one of the five (5) main components of the Guyana
Timber Legality Assurance System, the need to ensure that stakeholders are aware of the
importance, structure and procedures of maintain traceability of timber and timber products
throughout the supply chain is ever present regardless if a stakeholder does not currently form part
of the commercial supply chain. This was based on the premise that some stakeholders, though not
engaged in commercial trade of timber in Guyana or do not export directly to the EU, have the
potential to become part of the commercial timber flow of the country as financial resources
become readily available and the demand for timber from Guyana increases. As a result, it was
Page | 30
essential that stakeholders understand beforehand the various requirements that must be met in
order to transport and sell timber and timber products both domestically and internationally.
To do this, a presentation on Guyana’s National Wood Tracking System was made at each cluster
based session. The presenter commenced the presentation with the following questions;
a) What is a Wood Tracking System?
b) What does it do?
c) How does it work?
By soliciting feedback from participants to answer these simple yet pivotal questions, the presenter
was able to;
a) Determine stakeholders level of awareness of the Guyana National Wood Tracking System
and
b) Whether or not stakeholders form part of the commercial supply chain of timber.
The presentation focused heavily on the nine (9) critical control points at which wood-flow is
monitored. These critical control points’ help to ensure the integrity of wood flow by maintaining
legality of the produce through a system of documentation and field verification exercises which
all form the basis for a good system of traceability. The critical control points which were discussed
in detail are;
Page | 31
These critical control points were also discussed by drawing on the relevant indicators of the
Guyana Legality Definition so that their synergies within the Guyana Legality Assurance System
can be brought into perspective. The following questions under each control points were answered;
Source of Timber and Allocation of Logging rights
What are legally designated areas from which wood is sourced?
Stock Inventory
What are the different types of inventory which are required to be done by relevant Forest
Management Operators (FMOs) before harvesting commences?
Log production
How does the approval to harvest, the issuance of tags and the determination of the volume allowed
to be extracted from the source area correlate with log production?
Tree Felling
How does tree felling differ in relation to the different sources of timber?
Log Transport
What removal documents are required for the different FMOs in order to facilitate the
transportation of timber outside of the concession?
Page | 32
Confiscated Timber
What is the legal pathway that produce suspected to be in breach of regulations must take in order
to be allowed to re-enter the commercial supply chain?
Primary Processing and sale of timber
How does the Guyana Forestry Commission monitor inputs and output volumes as a tool (through
a system of reconciliation) to establish the legality of wood kept and sold at processing facilities?
Export of Wood Products
What is the process an exporter must go through, and the various export documents that must be
filled and verified in order for a shipment of wood to be cleared for export?
In transit Wood Products
What are in transit wood products and how does Guyana ensure it does not get into the local supply
chain?
Imported wood products
What are the main documents required for imports and the System of Procedures of the Guyana
Revenue Authority for clearing imports?
Additionally, the correct procedures for using tags, conducting scaling exercises to determine key
volume measurements and recording this information unto the production register were also
individually described. The different GFC inspections which are carried out in relation to the
determination of legality along the supply chain were also briefly mentioned. These GFC
inspections include;
a) Monthly Stump Inspection
b) Impromptu Inspections
c) Check – in transit verifications
Presentation four (4) - “The Guyana Legality Definition”
Page | 33
Being the first (1st) component of the Guyana Timber Legality Assurance system (Annex V-
GTLAS), the NTWG felt that it was necessary to foster a more detailed discussion on the Guyana
Legality Definition (Annex II) has it is arguably one of the most important annexes forming the
basis of the VPA, and having a significant impact on all stakeholders involved in the commercial
supply chain of timber to the European Union (EU). As previously mentioned, Annex II seeks to
answer the question; “What makes timber legal?” As a result, based on the different FMO types
which were present in the audience, the presenter would select the relevant Legality Matrix that
will be discussed; indicator by indicator. The advent of the legality definition as a product of
Indictors established for Independent Forest Monitoring under the Norwegian Agreement was also
mentioned to build an appreciation/support for Guyana’s existing system; one that is deemed both
credible and advanced by EFI and IFM audits.
Firstly, the structure of the Legality Definition with regards to Principles, Criteria, Indicators,
Verifiers and Legal References were all discussed to show the relationship between compliance
and verification of compliance. This presentation focused heavily on the different Forest
Management Organizations (or source of timber) and the development of specific matrices.
During the discussion of any Legality matrix for any particular FMO, the presenter stressed on;
a) Guyana’s land allocation system
b) Land tenure and use rights
c) Verification of legal rights to harvest and trade
d) Social and Environmental requirements
Additionally, description of the Legality matrix focused on;
a) The FMOs’ compliance with Forest Operation Obligations
b) The FMOs’ legal rights to harvest and respecting of other parties legal use rights
c) The FMOs’ compliance with fiscal and social obligations
It was also important to note that while this annex is still in its draft form, stakeholders have the
chance to make recommendations or provide feedback through different channels on its content,
but are encouraged to have an appreciation for the same as much consultation have been made
with key stakeholder groups in the forest sector and civil society; both within Guyana and
Page | 34
internationally, seeking feedback. These included; loggers, logging associations, Amerindian
communities, saw millers, timber exporters, Government Agencies and other stakeholders.
It was important to note that the Legality Definition is country specific, is based on the National
Laws of Guyana, and that the requirements of the GLD are what the stakeholders agree to over the
duration of the VPA negotiation.
Apart from explaining the Legality Matrix, the presenter also took the opportunity to detail the
relevance of the Regulatory Framework which supplements the applicability of the Guyana
Legality Definition. All requirements of the GLD which must be met for each FMO must be met
based on applicable National Laws. These applicable National Laws make-up the Regulatory
Framework of the EU – Guyana FLEGT VPA.
Additionally, some of the recent updates to the framework were also discussed. These include;
• A new Forest Act was developed 2009.
• Code of Practice (COP) for Processing operations, 2012
• COP for Mining and Agriculture areas, 2014
• COP for TSAs and WCLs, 2014
• COP for SFPs, 2014
• COP for Amerindian Villages which is being developed - and will seek to establish a set
of minimum standards for these operation types in keeping with General SFM Principles
Presentation five (5) - “Independent Monitoring”
Additionally, Independent Monitoring forms the final component of the Guyana Timber Legality
Assurance System and was therefore subjected to a separate presentation as the Guyana Legality
Definition and the Wood Tracking System. During this presentation, two main annexes were
discussed;
1) Annex VI - Terms of Reference for the Independent Audit of the GTLAS (drafted)
2) Annex IX - Criteria for assessing the operationality of GTLAS.
Discussions on these two annexes together helped stakeholders to understand that the Voluntary
Partnership Agreement will operate through a system of consistent checks, and where 3rd party
Page | 35
verification is essential to ensuring the operationality of the system and by extension, its integrity
to be able to curb illegal logging over the long term.
Understanding fully that stakeholders might not know the meaning of Independent audits, it was
therefore essential to use various analogies and scenarios common in Guyana to provide a baseline
conception in order to facilitate discussions around the above annexes. Independent Audits under
the VPA were often compared to IFM audits under the Norwegian agreement as stakeholders were
aware that the disbursement of funds under this agreement is only possible if Norway can conclude
that Guyana is sustainably managing its forest by Reducing Emissions from Deforestation and
Degradation – REDD+.
The following points were important to mention;
a) The Independent Auditor (IA) is not part of the country’s premier forest sector regulatory
body (GFC), is not engaged in forest management in Guyana (e.g. logging) and is not a
part of the Government.
b) Independent Monitoring aims to provide credibility to the FLEGT licensing scheme by
checking that all aspects of Guyana’s Legality Assurance System are operating as intended.
The IA is therefore responsible for checking the operationality of the;
Guyana Legality Definition
The National Wood Tracking System
Verification systems
Licensing systems
c) The IA points out systemic failures identified in the VPA-LAS and provides professional
advice/recommendation to mitigate such failures
d) Guyana’s proposal to the EU is to expand the role of the IA conducting IFM audits to also
carry out Independent Audits under the EU-GUYANA FLEGT VPA.
e) Two types of Independent audits will be done;
During the implementation phase of the VPA (commencing 09/2016 – 09/2017),
Guyana will be subjected to its first VPA audit with the aim of determining whether
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or not all of the components of the GTLAS are in place. From when the first FLEGT
License has been issued (considering that the 1st audit was successful and all
components were in place), an annual audit will be carried out every year after the 1st
audit to determine whether or not the components of the GTLAS are working as how
they were designed to work.
Annex VI -outlines the scope and principles of the 1st independent audit in Guyana
under the VPA, and to frame these in the terms of reference for the auditor.
Annex IX – this annex details the scope of a joint assessment to check that systems
are functioning as intended and to assess preparedness of EU authorities to handle
license vérification as goods enter Europe.
f) There will be transparent, publicly available information on the procurement process and
a credible system for engaging the services of the IA (Bidding).
g) The third-party monitor must have considerable experience in forest management, chain of
custody verification, audits, and has requisite qualifications.
h) Civil Society can play roles in relation Independent Monitoring.
i) The IA must preparing both detail and summarized report of all findings for public
consumption.
j) The IA reports to the JMRC
k) The auditor shall act objectively and should reject any political, commercial, financial and
other pressures that could compromise their impartiality.
Given the fact that Annex VI has been drafted, it was necessary to go through the entire
document focusing on the following;
a) Required qualifications
b) Independence from interests linked to the forest sector
c) Relations with stakeholders
d) Tasks, methodology and sources of information
e) Reporting principles, procedure and schedule
Conclusion
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Since entering into formal negotiations with the EU in December 2012, Guyana has been making
significant strides to ensure that the EU – Guyana VPA process continues to advance, and that key
milestones established within the Joint Roadmap are achieved based on agreed timelines. Through
hard work, perseverance and commitment to the process, the NTWG and FLEGT Secretariat has
been maintaining this momentum and will continue to work steadfastly to improve trade relations
between Guyana and the EU for our timber and timber products.
The EU FLEGT program requires that all stakeholder groups be represented adequately throughout
the process, both at the local and international level. Recognizing this, the NTWG and FLEGT
Secretariat actively promotes wider stakeholder input/participation as testament to a successful
VPA. Every consultation session is structured in such a way that it indorses; transparency,
ownership of the process, Free Prior and Informed Consent, accountability, and fosters
collaboration. This helps to ensure that stakeholders have a fair and equal opportunity to voice
their concerns and issues with the surety that these concerns and issues will be discussed at a high
level so that progress can be a realistic goal.
FLEGT sessions are no longer seen as just forums to consult with stakeholders but has become the
premier platform for building stakeholders’ capacity on sustainable forest management and
National Laws in Guyana and to acknowledge FLEGTs’ support in this regard. This knowledge,
being transferred to key stakeholders groups therefore adds positively to the way different
stakeholders approach legality in Guyana, and further cements the concept of FLEGT and what it
seeks to achieve over a longer term.
Therefore, in conclusion, Guyana will continue its efforts in promoting FLEGT among the
different stakeholder groups; both private and public with the aim of having holistic development
of the VPA process through active stakeholder inclusion. The 3rd round of Consultation for the
year 2015 (06/2015 – 10/2015) for the Amerindian Villages; Moruca, Mabaruma, Port Kaituma,
Bartica, Kato, Campbelltown, Lethem, Aishalton, Kwakwani has surely been a success with
regards to feedback.
Next Steps
Publication of Consultation session report - After approval from the National Technical
Working Group, the report will be published. Reports will also be sent to communities.
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Discussion at the National Technical Working Group Level – These discussions will
analyze the feedback received from stakeholders to inform future activities.
Follow-up with participants who had requested further information.
Table major concerns at the 4th EU – Guyana Negotiations
Pictures of Sessions
REGION ONE (– Jawalla)
REGION ONE – Imbaimadai
REGION (2) – Anna Regina (RDC Building)