Case Study
December 2009, Malaysia:
Five indigenous communities in Borneo are suing the Sarawak state government, demanding land titles for an area of 80,000 hectares, the nullification of unlawfully issued timber and planted-forest licences and compensation for damage done by logging companies in past operations.
The formerly nomadic Penan hunted and gathered food from the rainforest for generations until the 1950s, when they decided to settle at their present village locations. They have a history of bartering jungle products (such as resin for producing fire, latex from kapon trees and handicraft items) with traders since the early twentieth century. The Penan state that for over ten years various logging operators have wrongfully trespassed onto their ancestral land with bulldozers, excavators and lorries and have destroyed a substantial area of their forest, fruit trees, crops and cultural heritage, such as graves and historical sites.
See also the broader UNEP FI Environmental and Social Risk Briefing as well as these resources.
Forestry is the management and use of natural resources occurring in forested land; logging is the felling and removing of trees (including dead trees). It is usually followed by regeneration of the area. The Forestry and Logging sector covers three key life-cycle phases:
- propagation and harvesting (including land clearing; harvesting; site preparation; silvicultural treatments; road construction)
- transport
- processing (pulp and paper production; printing and publishing; wood processing)
Key human rights related risks include:
- Workplace conditions, particularly health and safety in the workplace
- Threats to livelihoods and life due to significant use of resources, including land, water and forest resources
- Impacts on existing transport networks and local infrastructure (including health and access to water) which may be over-stretched by the forestry development
- Indigenous peoples’ rights
Relevant voluntary and trade initiatives include:
- Forest Law Enforcement, Governance and Trade: FLEGT seeks to ensure that timber producing countries are acting legally, in particular in relation to the rights of indigenous and local communities who depend on forest resources.
- The Forest Stewardship Council is a not-for-profit organisation established to promote the responsible management of the world’s forests and find solutions to the pressures facing forests and forest-dependent communities.
There are links to these initiatives in the resources section.
WORKPLACE CONDITIONS - Health and Safety
What does this cover?
Workplace conditions include factors such as working hours, wages, health and safety and disciplinary practices.
What are the main issues for the forestry and logging sector?
- Fatal and non-fatal incidents and injuries that may have been prevented with: appropriate policies and procedures being fully implemented; proper training; appropriate use of protective clothing/equipment; better maintenance and use of tools and equipment; information and education of employees; proper transportation, storage and use of chemicals (especially in the processing of timber)
CONTROLS AND MITIGANTS
- Application of consistent and effective management practices
- Health and safety plan communicated to all workers in their own language and supported by robust governance procedures
- Full health and safety training for all workers, including follow up/refresher courses
LIVELIHOOD AND STANDARD OF LIVING
What does this cover?
This covers the right to work, right to a fair living wage and right to an adequate standard of living. Because human rights are inherently interrelated and inter-dependent, these rights also support the realisation of other rights such as the right to health, housing, participation in the culture of the community, and education.
What are the main issues for the forestry and logging sector?
- Threats to livelihoods and life due to the use of land and other natural resources, eg: water, previously depended on by local populations, plus relocation of communities away from their traditional means of living
- Reduced standard of living due to environmental impacts e.g. dust, vibration, noise, vehicle movement, pollution of water course.
- Health and safety impacts on local communities include disposal of waste, and transport movements
- Strain on infrastructure and public services due to an influx of workers e.g. transport networks and local infrastructure including basic services (health, education, water) may make it more difficult for local people to access these services
LOCAL AND INDIGENOUS PEOPLES’ RIGHTS
What does this cover?
Indigenous rights cover issues associated with the sector’s activities that impact on ancestral land. This includes a focus on cultural heritage, plus the use of natural local resources for medicine, housing, food, clothing and so on.
Indigenous peoples may use forested lands for hunting and gathering, (including food, fuel, medicines and construction materials) or for slash and burn agriculture. Either of these activities may be impacted by large scale forestry operations.
What are the main issues for the forestry and logging sector?
- Lack of formal tenure arrangements, or tenure based on historical use rather than documentation, as well as complex national laws on land rights and land use, can lead to traditional rights being overlooked and claims that forestry activities are illegal
- Lack of free, prior and informed consultation with local and indigenous populations and/or lack of process to explore this can lead to arbitrary destruction of identity and livelihood
- Forced removal of local or indigenous groups from lands. This may be carried out by host governments which do not recognise indigenous groups or their rights
- Lack of, or unfair, compensation arrangements
- Revenues may be channelled by host governments to support the national economy/development agenda, which do not benefit local or indigenous people
- Damage or reduced access to cultural/historical sites which form the basis of the identity of local or indigenous groups
CONTROLS AND MITIGANTS
- Clearly defined written procedures around use of indigenous peoples’ knowledge and resources, including payment and other considerations
- Ongoing consultation with people and groups directly affected by management operations
- Community awareness and education plan as part of health and safety measures
- Written policies and procedures around conservation and sustainable use of finite resources, especially land and water, which take account of local community need for these resources now and in the future
- Policies and procedures to ensure the free, prior and informed consultation of local and indigenous communities; ensuring that vulnerable groups are part of the consultation process. There should be a complaints mechanism available to local communities
- Policies and procedures around the relocation of communities to allow company development, including measures around consultation, compensation and continuation of livelihoods
- Policies and procedures which recognise and reflect relevant international and national agreements relating to FLEGT (Forest Law Enforcement, Governance and Trade)
- Participation in programmes of traceability. The International Organisation for Standardisation (ISO) defines traceability as 'the ability to trace the history, application, or location of any entity by means of recorded identification'
- Payment of all applicable and legally prescribed fees, royalties, taxes and other charges
