,,Wrinkles":
· FSC 2.3 geographic scope
· FSC 3.3 corresponds to verifier S3.2.3
· FSC 3.4 no match
1. COMPLIANCE WITH LAWS AND FSC PRINCIPLES
Principle 1: Forest management shall respect all applicable laws of the country in which they occur, and international treaties and agreements to which the country is a signatory, and comply with all FSC Principles and Criteria.
1.1 Forest management shall respect all national and local laws and administrative requirements.
S3.1
S5.2
1.2 All applicable and legally prescribed fees, royalties, taxes and other charges shall be paid.
1.3 In signatory countries, the provisions of all binding international agreements such as CITES, ILO Conventions, ITTA, and Convention on Biological Diversity, shall be respected.
S3.1 LEI is more specific
1.4 Conflicts between laws, regulations and the FSC Principles and Criteria shall be evaluated for the purposes of certification, on a case by case basis, by the certifiers and the involved or affected parties.
1.5 Forest management areas should be protected from illegal harvesting, settlement and other unauthorized activities.
1.6 Forest managers shall demonstrate a long-term commitment to adhere to the FSC Principles and Criteria.
Principle 2: Long-term tenure and use rights to the land and forest resources shall be clearly defined, documented and legally established.
2.1 Clear evidence of long-term forest use rights to the land (e.g. land title, customary rights, or lease agreements) shall be demonstrated.
S1.1 LEI is more explicit/specific
2.2 Local communities with legal or customary tenure or use rights shall maintain control, to the extent necessary to protect their rights or resources, over forest operations unless they delegate control with free and informed consent to other agencies.
S3.3 fits this, but is in fact way more dynamic than this FSC Criterion.
2.3 Appropriate mechanisms shall be employed to resolve disputes over tenure claims and use rights. The circumstances and status of any outstanding disputes will be explicitly considered in the certification evaluation. Disputes of substantial magnitude involving a significant number of interests will normally disqualify an operation from being certified.
S1.4 LEI deals specifically with forest area, and not necessarily conflicts outside of the boundary (such as use rights to fisheries downstream). Thus, FSC may be more encompassing in relation to geographic scope. In terms of issues, LEI goes beyond use rights and tenure, and in fact seems more encompassing.
Principle 3: The legal and customary rights of indigenous peoples to own, use and manage their lands, territories, and resources shall be recognized and respected.
3.1 Indigenous peoples shall control forest management on their lands and territories unless they delegate control with free and informed consent to other agencies.
S1.2 Inter-generational is more specific and rigorous.
3.2 Forest management shall not threaten or diminish, either directly or indirectly, the resources or tenure rights of indigenous peoples.
S1.3 Focuses on management of resources within concession area.
S2.1 Minimal level
3.3 Sites of special cultural, ecological, economic or religious significance to indigenous peoples shall be clearly identified in cooperation with such peoples, and recognized and protected by forest managers.
Verifier S3.2.3 Security of cultural sites (would need to be obligatory). The LEI model is weaker than the FSC approach. This would need to be beefed up...
3.4 Indigenous peoples shall be compensated for the application of their traditional knowledge regarding the use of forest species or management systems in forest operations. This compensation shall be formally agreed upon with their free and informed consent before forest operations commence.
Our conclusion differs from what LEI experts felt (we put same verifiers under 4.5)...Is this issue covered under LEI system? (In the new Social C&I, S.2.2.)
Principle 4: Forest management operations shall maintain or enhance the long-term social and economic well-being of forest workers and local communities.
S2.4 is above and beyond what the FSC requires.
S4.2 is also above and beyond (health issues).
4.1 The communities within, or adjacent to, the forest management area should be given opportunities for employment, training, and other services.
S2.2- Company policies and presenting opportunities
S2.3- Focus on jobs
4.2 Forest management should meet or exceed all applicable laws and/or regulations covering health and safety of employees and their families.
S4.1
S4.2 is above and beyond FSC.
5.3
4.3 The rights of workers to organize and voluntarily negotiate with their employers shall be guaranteed as outlined in Conventions 87 and 98 of the International Labour Organisation (ILO).
S3.1
S5.1
4.4 Management planning and operations shall incorporate the results of evaluations of social impact. Consultations shall be maintained with people and groups directly affected by management operations.
S3.2
((S2.4 Periodic review is somewhat analogous to evaluations of social impact (at least on the worker level))
S4.1 Some overlap but LEI is more explicit.
4.5 Appropriate mechanisms shall be employed for resolving grievances and for providing fair compensation in the case of loss or damage affecting the legal or customary rights, property, resources, or livelihoods of local peoples. Measures shall be taken to avoid such loss or damage.
S2.1.1
S2.1.2
S2.1.3 (Assuming compensation of loss)
S2.1.4
S2.1.5
The LEI model is actually more detailed and Indonesia-specific than FSC.
Some of this fits with S4.1
Principle 5: Forest management operations shall encourage the efficient use of the forest's multiple products and services to ensure economic viability and a wide range of environmental and social benefits.
5.1 Forest management should strive toward economic viability, while taking into account the full environmental, social, and operational costs of production, and ensuring the investments necessary to maintain the ecological productivity of the forest.
5.2 Forest management and marketing operations should encourage the optimal use and local processing of the forest's diversity of products.
5.3 Forest management should minimize waste associated with harvesting and on-site processing operations and avoid damage to other forest resources.
5.4 Forest management should strive to strengthen and diversify the local economy, avoiding dependence on a single forest product.
The verifiers S2.1.6 and S2.1.7 are voluntary and would not necessarily need to be used, but would fit under here.
S2.3 (LEI's model is more rigorous and specific to Indonesia)
5.5 Forest management operations shall recognize, maintain, and, where appropriate, enhance the value of forest services and resources such as watersheds and fisheries.
S4.1 to a certain degree (related to water)
5.6 The rate of harvest of forest products shall not exceed levels which can be permanently sustained.
Principle 6: Forest management shall conserve biological diversity and its associated values, water resources, soils, and unique and fragile ecosystems and landscapes, and, by so doing, maintain the ecological functions and the integrity of the forest.
6.1 Assessment of environmental impacts shall be completed -- appropriate to the scale, intensity of forest management and the uniqueness of the affected resources -- and adequately integrated into management systems. Assessments shall include landscape level considerations as well as the impacts of on-site processing facilities. Environmental impacts shall be assessed prior to commencement of site-disturbing operations.
6.2 Safeguards shall exist which protect rare, threatened and endangered species and their habitats (e.g., nesting and feeding areas). Conservation zones and protection areas shall be established, appropriate to the scale and intensity of forest management and the uniqueness of the affected resources. Inappropriate hunting, fishing, trapping and collecting shall be controlled.
6.3 Ecological functions and values shall be maintained intact, enhanced, or restored, including: a) Forest regeneration and succession. b) Genetic, species, and ecosystem diversity. c) Natural cycles that affect the productivity of the forest ecosystem.
6.4 Representative samples of existing ecosystems within the landscape shall be protected in their natural state and recorded on maps, appropriate to the scale and intensity of operations and the uniqueness of the affected resources.
6.5 Written guidelines shall be prepared and implemented to: control erosion; minimize forest damage during harvesting; road construction; and all other mechanical disturbances; and protect water resources.
6.6 Management systems shall promote the development and adoption of environmentally friendly non-chemical methods of pest management and strive to avoid the use of chemical pesticides. World Health Organization Type 1A and 1B and chlorinated hydrocarbon pesticides; pesticides that are persistent, toxic or whose derivatives remain biologically active and accumulate in the food chain beyond their intended use; as well as any pesticides banned by international agreement, shall be prohibited. If chemicals are used, proper equipment and training shall be provided to minimize health and environmental risks.
4.1.1 and 4.1.2 verifier relates to this...LEI would need to beef this up a bit...would need to be obligatory.
6.7 Chemicals, containers, liquid and solid non-organic wastes including fuel and oil shall be disposed of in an environmentally appropriate manner at off-site locations.
4.1.5 fits in here.
6.8 Use of biological control agents shall be documented, minimized, monitored and strictly controlled in accordance with national laws and internationally accepted scientific protocols. Use of genetically modified organisms shall be prohibited.
6.9 The use of exotic species shall be carefully controlled and actively monitored to avoid adverse ecological impacts.
