TEFSO Newsletter Issue No. 27 (Jan – May 2022)

 

Click to visit https://tefso.org Highlights Catch-up FLEGT Strengthening forest governance and timber certification through public disclosure of information Like other fields, the forest sector also needs public disclosure of information to ensure good governance and a check and balance system where civil society organizations and the public can assess the government’s works resulting in increased transparency and efficiency. Under FLEGT VPA, Thailand is committed to setting up a system for the public to access information on forest land and the trading of timber and timber products. Roles and scope of the public disclosure of information The role of public disclosure of the information is for the civil society to have the necessary information to assess and monitor the functionalities of the Thai Timber Legality Assurance System (THA-TLAS) and the overall country’s forest sector. The ability to access relevant and useful information will allow the civil society to produce reports and recommendations that truly reflect the reality of our forest sector, which will guide the improvement of the legal timber trade in Thailand. Aside from the civil society, stakeholders and the public also play a crucial role in monitoring the forest sector. This is not to say that any information can be disclosed; disclosure of information under FLEGT VPA is based on the legal basis of Thai law as described in the Public Information Act B.E. 2540 and guidelines of the responsible departments. Photo from “Citizen’s Rights and Government’s Role in a Fair Public Disclosure of Information” (29 Oct. 2021) A call for the proactive public disclosure of information The drafting of the annex and the seminar on “Citizen’s Rights and Government’s Role in a Fair Public Disclosure of Information” (29 Oct. 2021) has opened a platform for the government sector, civil society, stakeholders and the public to explore the existing problems regarding the access to public information in Thailand and possible solutions to improve it. Difficulties to access information and outdated and irrelevant information are identified as the two problems among others. Recommendations have been put forward to resolve this: Central electronic system should be established for ease of searching and accessing information. The responsible departments should be aware of the importance of public access to information; with that in mind, restrictions on certain information should be loosened as well as lessening the steps to obtain information. Government and the public should understand their legal rights for public information; guidelines on this subject should be published for correct understanding. Read more about Annex 9 Public Disclosure of Information Law Simplified 2022 Review of the Forest Act Why the legal review is important? Legal review is necessary to ensure relevancy and effectiveness of the legal enforcement amidst the changing world. The first version of the Forest Act was issued in 1941; through time, it has undergone many revisions with the recent version came out in 2019 which deregulated the control of timber on private land and allocated public land, responding to the calls from operators.This year, a review of the Forest Act is also one of the goals of the Royal Forest Department’s action plan to promote a legal timber trade. Take a look at what will be reviewed: Outdated legal definitions that are no longer applicable to the current forest sector, are one of the gaps in the Forest Act. The Legal Office of the Royal Forest Department, responsible to undertake the legal review, shared with us the two main legal definitions which are the prioritized works of this year: “forest” and “timber processing mill” “Forest” was defined in the Forest Act as “land which is not owned by any individual according to the Land Act”. As the landscape of land ownership and land category became more complex, the definition becomes convoluted resulting in many lands that are not a forest being included in the forest category.  The wrong categorization that is not accurate to the real purpose of land use has inadvertently limited the rights to timber grown on that land as Thai law defined the rights on timber on the basis of land type, trees on private land or public allocated lands belong to the timber owners, but trees on the forest is considered restricted and considered as belonging to the country. Thus it is important that the term “Forest” be revised to incentivize people to grow and make use of trees. “Timber Processing Mill” – laws surrounding timber processing has always been discussed by the operators and within the Royal Forest Department. “Timber Processing Mill” is defined as “a factory or any other places that are set up for the purpose of timber processing including the surrounding area of that place”. This legal definition poses a problem since it is linked with the regulation regarding a timber processing permit. Whether timber owners have to obtain a permit from the Royal Forest Department based on whether their timber processing fits the legal definition. However, the current definition leaves room for doubt since it does not clearly indicate which types of timber processing require a permit. This raised questions such as; do timber processing for personal use requires permission? What about a mobile wood chipper, a mobile wood processing that does not have a permanent place of operation? These are the two examples of legal definitions which will be reviewed. The Legal Office also took recommendations from the FLEGT VPA Ad-Hoc Working Group on other legal issues that needed re-examination for example laws that obstruct the growth in the forest industry that the Federation of Thai Industries has submitted. Next step plan In the work ahead, the Legal Office would form a working group for legal review with the internal offices of the Royal Forest Department and relevant stakeholders. It is expected that the review would finish this year. Timber Insider Sawmills amidst the changing market How decreasing wood supply, diminishing labor supply and high production cost affect sawmill business The sawmill is an important point in the supply chain where timber is turned into lumber and readied to be processed into the final products. However, many sawmills have to downsize amidst the decrease in wood and labor supply, high production costs, and a change in market demand. In this column of Timber Insider, we sat down with Mr. Prasert Iamdeengamlert, President of the Sawmill Association to discuss the current ongoing in the sawmill industry and the association’s attempt at policy reform. Read more Perspective   Ms. Piyathip Eawpanich, Director, Private Forest Plantation Cooperative Ltd. talked FLEGT VPA, impression and her vision for the future of FLEGT VPA.

 

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