Ian Kosasih

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Combating Illegal LoggingAnd Improving Forest
Law Enforcement in Indonesia 2005-2007

• Ian Kosasih
• WWF-Indonesia/Forest Director
• The Forest Dialogue Conference
• Hongkong-March 8, 2005

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The WWF/World Bank IndonesiaFLEG Assessment,
2002-2004(in Conjunction with ITTO Project PD
74/01 Rev. 1 (M))

• Aim
• Conduct a comprehensive assessment of illegal
  logging and forest law enforcement in Indonesia
• Determine realistic and effective prevention,
  detection and suppression measures
• Engage multiple stakeholders in a plan to curb
  illegal logging in Indonesia

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The WWF/World Bank IndonesiaFLEG Assessment,
2002-2004(in Conjunction with ITTO Project PD
74/01 Rev. 1 (M))

• Phase 1 Collect and document knowledge on
  illegal logging
• Thorough analysis of existing knowledge, data and
  information on illegal logging
• More than 200 documents reviewed and compiled
• Web-based directory on Forest Law Enforcement and
  Governance developed
• Phase 2 Stakeholder consultations
• Focus-group discussions
• Multi-stakeholder workshops
• Individual meetings with high profile individuals
• Phase 3 Report and Action Plan
• Final report
• Map of illegal timber flows
• 12 Step Program (currently being revised through
  FGD discussions)

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NATIONAL FLEG OUTLINE OF ISSUES


SUSTAINABLE FOREST MANAGEMENT





Decreased Small-scale Farmers Agricultural Encroac
hment
-
Increased Sustainable Forest Management









Less Mines, Roads Infrastructure
Decreased Conversion to Oil-palm, Pulp, and
Timber Plantation


PRODUCER COUNTRY MEASURES


PREPARATION MEASURES


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Indonesia Vanishing Forest

• Over the last 50 years, Indonesia has lost
  approximately 25-40 (40-60 million ha) of its
  forest cover.
• Illegal logging and other unsustainable forest
  exploitation have contributed to environmental
  degradation, species extinction, social conflict,
  lost government revenue and the failure to
  maintain forest resources for future generations.

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Conflicting Estimates of the Extent of Illegal
Logging in Indonesia
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Key Causes of Illegal Logging

• Over-capacity of Indonesias wood processing
  industry
• Domestic and international demand for illegal
  timber
• Systemic corruption and rent-seeking behaviour
• Rapid decentralization
• Growing unrest with the status quo
• Poor law enforcement

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12 Step Program to Combat Illegal Logging And
Improve Forest Law Enforcement

• PREPARATION
• 1. Initiate Presidential action on illegal
  logging and law enforcement
• 2. Build consensus on legal timber sources
• DETECTION
• 3. Collect and analyse information needed to
  detect harvesting crimes
• 4. Collect and analyse information needed to
  detect processing crimes
• 5. Collect and analyse information needed to
  detect transportation crimes
• 6. Archive information on the harvesting,
  processing and transportation of timber
• 7. Disclose information on harvesting,
  processing and transportation of timber

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12 Step Program to Combat Illegal Logging And
Improve Forest Law Enforcement

• PREVENTION
• 8. Develop a comprehensive wood processing
  industry rationalisation plan
• 9. Reduce demand for illegal timber and
  stimulate demand for legal timber
• SUPPRESSION
• 10. Build capacity to carry out law enforcement
• 11. Amend national laws and regulations to
  strengthen law enforcement efforts
• 12. Prosecute major forest harvesting,
  processing and transportation crimes

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Target 1 Initiate Presidential action on
illegal logging and law enforcement

• Appoint a Special Presidential Envoy on Illegal
  Logging
• Fast track and monitor the prosecution of three
  major figures already known to be involved in
  illegal logging
• Appoint an Independent Presidential Commission on
  Illegal Logging to endorse and ensure time bound
  delivery of Steps 2-12.

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Target 2 Build consensus on legal sources of
timber

• Agree on current legal sources of timber
• Identify and legitimate other more equitable
  sources of timber
• Determine sustainable annual allowable cuts for
  legal sources of timber.
• Current sources of legal timber (according to
  National Law)
• HPH (natural forest concessions issued by MoF)
• HTI (industrial forest plantations issued by MoF)
• IPK (forest clearing permits) issued by
  provincial authority
• Hutan Rakyat (community forest permits issued by
  BPN)
• Hutan Kemasyarakatan (community forest permits
  issued by Bupatis)
• Bupati permits gazetted and executed outside the
  forest estate
• HPH Kecil (5,000 ha natural forest concessions
  issued by Bupatis between 27 January 99 and 8
  June 2002)
• KDTI in Pesisir, Krui, Lampung Barat
• Legitimate imports
• Legitimate auctions.

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Target 3 Collect and analyse information needed
to detect harvesting crimes

• Identify
• Nationally authorized forest management units
  whether natural forest timber concessions (HPH),
  industrial timber plantations (HTI), or
  agricultural plantations - which have illegally
  run roads into, or expanded their boundaries in
  such a way that they overlap with prohibited
  areas of forest.
• District licensed permits located inside the
  national forest area. (DFID/MFP research in
  progress suggests that such units account for as
  much as 45 of illegal logging nationwide.)

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Target 4 Collect and analyze information needed
to detect processing crimes

• Identify
• Non-reporting or illegally licensed mills, which
  according to law should have their operations
  suspended, or be closed.
• The extent to which each timber mill (or group of
  timber mills under a single conglomerate) consume
  legally disputed or untraceable timber. This
  information would also point in the direction of
  how much downsizing should be required from each
  mill or timber conglomerate, as called for in
  Target 8.

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Target 5 Collect and analyse information needed
to detect transportation crimes

• Identify
• Nationally authorized forest management units
  whose shipments of timber are issued
  transportation documents (SKSHH) after they have
  exceeded their permitted levels of production.
• Shipments of timber received by mills whose SKSHH
  serial numbers do not conform to those assigned
  to their supposed districts of origin.

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Target 6 Archive information on the harvesting,
processing and transportation of timber

• Compile information into permanent archive which
  includes
• Information used for building evidence of a crime
  (available only to law enforcers)
• All other information (available for general
  public).

Decisions will need to be made about where
archive will be situated.
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Target 7 Disclose information on the harvesting,
processing and transportation of timber

• Post public information on independent websites
• Provide public information to parties involved in
  multi-lateral and bi-lateral anti illegal logging
  agreements
• Request reciprocal information
• Actively distribute information through campaign
  material to the Indonesian and International
  public.

To increase transparency and allow buyers to make
informed decisions about purchases they make.
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• Target 8
• Develop a comprehensive wood processing industry
  rationalisation plan
• Identify percentage that industry needs to be
  downsized
• Mandate reductions to bring mill demand into
  balance with legal supply
• Declare a moratorium on new forest processing
  capacity
• Develop Business Exit Assistance Plan, Worker
  Assistance Plan, Land Compensation Plan to
  reduce socio-economic consequences
• Develop initiatives to provide new jobs for
  people put out of work from industrial
  restructuring
• Increase yields of existing industrial pulp
  plantations

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• Target 9
• Reduce demand for illegal logging stimulate
  demand for legal timber
• Develop a better understanding of the domestic
  market
• Develop and test cost effective wood tracking
  systems
• Create price premiums for legal/sustainable
  timber
• Encourage members of EU FLEGT, FLEG ASIA Asia
  Forest Partnership to stop sourcing illegal
  timber and purchase only legal timber products
• Request governments of consuming countries to
  enact domestic legislation that compliments
  Indonesian legislation on timber exports
• Encourage large timber trading companies and G8
  governments to adopt public procurement policies
• Provide training on use of independent websites.

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Target 10 Reduce demand for illegal logging
stimulate demand for legal timber

• Develop skills and knowledge needed to improve
  prosecution of major forest crimes
• Provide training to judges, prosecutors and
  police in at least 15 districts on key forest and
  environmental laws (i.e. UU 41/99, PP 34/02)
• Train at least 1,000 forest officers (PPNS) or
  police on detection tools (i.e. satellite imagery
  analysis, log tracking, log species
  identification, GPS devices, supply demand
  analysis)
• Train at least 1,000 forest officers and police
  on preparing illegal logging case dossiers
• Establish and support at least 15 public
  monitoring bodies
• Develop methods to construct chains of complicity
  to identify key forest criminals
• Provide training on following chains of
  complicity
• Establish an independent council tasked to
  investigate complaints of corruption, allegations
  of forest criminal activity or misconduct of
  government officials, the military, national
  police or prosecutors.

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Target 11 Amend national laws and regulations
to strengthen law enforcement efforts

• Allow police to cross administrative borders to
  pursue illegal logging cases
• Allow forest police to conduct arrests and file
  cases with prosecutors
• Allow video tapes, photos and GPS readings to be
  admissible evidence
• Establish special task force to speed up court
  proceedings
• Make it a criminal offence for Bupatis and other
  district level officials to issue harvesting or
  processing permits
• Declare timber sourced from district permits
  allocated within the forest estate illegal
• Include provisions for complicity in legislation
  on forest crimes

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Target 11 Amend national laws and regulations
to strengthen law enforcement efforts

• Elucidate Article 50 of Law 41/99 in a single
  regulation
• Revoke permits of HPHs if found to run roads into
  conservation or protected areas
• Make it a criminal offence to harvest timber
  outside Annual Working Plans (RKT)
• Make it a criminal offence for P2SKSHH officials
  to unlawfully allocate SKSHH.
• Elucidate Article 50 of Law 41/99 to provide
  clear guidelines on legal violations
• Outlaw elite level corruption
• Provide clear legal sanctions against law
  enforcers who purposefully derail cases.

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Target 12 Prosecute major forest harvesting,
processing and transportation crimes

• Harvesting crimes
• Prosecute and close FMUs and agricultural
  plantations issued or extended by district
  officials if located in Kawasan Hutan
• Close FMUs that have run roads into conservation
  or protected forests
• Close HPHs or this that have drawn or redrawn
  maps operational maps to overlap conservation or
  protected areas
• Prosecute HTI or agricultural plantations with
  fire hot spots
• Apply concept of complicity to prosecute
  principal forest criminals.

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Target 12 Prosecute major forest harvesting,
processing and transportation crimes

• Transportation crimes
• Prosecute FMUs found to be over-harvesting
  P2SKSHH officials for unlawful allocation of
  SKSHH.
• Processing crimes
• Freeze production of forest processing mills who
  fail to submit RPBBI
• Prosecute and close mills operating without
  permits granted by MoF, or Ministry of Industry
• Close mills which exceed licensed capacity by
  more than 130
• Prosecute mills that receive, accommodate or
  process raw material from illegal sources.

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THANK YOU