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Article
6 Dec 2022
Author:
Antoine Gibert, Forest Peoples Programme
EU: Protection of indigenous peoples' right must be retained in deforestation law, says Forest Peoples Programme amid reports France is blocking inclusion ahead of final negotiations
As final negotiations on the EU regulation on deforestation-free products draw to a close, proponents of unchecked business activities have been doubling down on their efforts to weaken the law. Negotiations between the European Commission, the European Parliament and the Council of the EU are set to finalise next week when negotiators will agree on a compromise for a final text to be adopted. One crucial provision of the draft law currently being targeted by corporate aiders and abettors of environmental and human rights violations as well as by certain EU member states, is the protection of the rights of indigenous peoples and local communities, including customary tenure rights and the right to free, prior and informed consent.
These rights protections, which were added by the European Parliament following vast support from almost the entirety of the political spectrum, were meant to ensure that EU consumption of the regulated commodities (cocoa, soy, wood, oil palm and more) would no longer contribute to the theft and destruction of indigenous lands and, in turn, reinforce the EU’s ability to reduce its impact on deforestation and forest degradation. However, the wide consensus reached by the direct representatives of the EU population has proven more contentious for government representatives. Sweden and Finland have actively pushed back against these improvements, and more recently, a major player in EU politics, the French government, has shown its intent of expunging the regulation of any requirement to respect the collective rights of indigenous peoples and local communities...
This purely political opposition hinders not only the recognition and effective protection of indigenous communities in France, but endangers the protection of forest peoples across the globe. If France refuses to stand down, millions will continue to see their human rights violated and their lands destroyed by business activities. The other major EU Member States support stepping up to EU human rights commitments and confirming obligations they have accepted through the ratification of international human rights treaties by placing legal obligations on businesses.
The EU Parliament approved a one-year delay for companies to comply with the deforestation regulation, now set to apply from December 2025 for large operators and June 2026 for small businesses.
The new guide by Forest Peoples Programme outlines how indigenous and forest peoples can use the EU Deforestation Regulation and the Corporate Sustainability Due Diligence Directive to address corporate-linked human rights violations and environmental harm.
The EU Parliament has sent the EUDR back to the committee for interinstitutional trilogue negotiations to grant companies an additional year for implementation.
Nestlé, Ferrero, Unilever and Mars have joined calls by other food and drink manufacturers in opposing the European Union’s delay to deforestation laws.
The Cocoa Coalition, comprising companies and civil society organizations, supports the EU Deforestation Regulation (EUDR) and urges swift adoption of the delayed implementation without reopening negotiations, while also calling for support to smallholder farmers for compliance.
Friends of the Earth Europe and 225 organizations urge the EU to reject a proposal delaying the EU Deforestation Regulation, emphasising its importance in combating deforestation and supporting human rights.
The EU's anti-deforestation regulation faces criticism for potentially allowing major deforestation contributors to avoid being classified as "high risk," which could weaken the regulation's effectiveness.
The article argues that the EU's anti-deforestation law should prioritize input from frontline communities, as governments in Malaysia and Indonesia are undermining Indigenous rights and providing unreliable forest data.
New analysis by Earthsight reveals European consumers have been buying beef and leather from firms linked to illegalities in the Brazilian Amazon uncovered by the Environmental Investigation Agency. According to Earthsight this serves as a reminder that without the EU Deforestation Regulation, European consumption will continue to drive deforestation and rights abuses overseas.
The companies consider it important that the European Union adopts a robust law that minimises the risk of conversion and degradation of natural ecosystems (alongside deforestation and the degradation of natural forests) as well as human rights violations, associated with commodities and products placed on the EU market.
A delegation of indigenous, human rights, and environmental organisations published a statement urging the European Commission to include independent civil society groups in ongoing key talks with Malaysia and Indonesia over its anti-deforestation rules.
Companies – and the EU Competent Authorities that have the responsibility of implementing the law - now have 18 months to prepare before the law comes into action, at the end of 2024.
EU legislators reached political agreement in the early hours of Tuesday, 6 December, to pass a new law to ensure products on the EU market are not linked to the destruction or degradation of forests. WWF and Greenpeace welcome the law as breakthrough but also point to some of its weaknesses.
While the law is a historic first, it fails to include strong provisions to protect the land rights of Indigenous Peoples and local communities, who time and time again have proven to be the best guardians of the forests, says NGO Fern.
Negotiations between the Commission, Parliament and Council are set to finalise next week. One crucial provision of the draft law currently being targeted by certain EU member states, is the protection of the rights of indigenous peoples and local communities.
A delegation of MEPs will now take the Parliament's position to negotiations with the EU Member States, who agreed a range of changes in the EU Council in June to weaken key elements of the proposed law.
Measures would oblige banks to conduct due diligence to prevent the financing of deforestation, boost protections for indigenous communities, and add rubber and leather to the list of imported products that would be screened for deforestation links.
The Council adopted its negotiating position (general approach) on a proposal to limit the consumption of products contributing to deforestation or forest degradation.
Almost all plantations linked to deforestation are currently owned by just three multinational companies, which together have made deals worth billions of euros with European banks.
Indonesian civil society groups call for the EU proposal to be strengthened by including SMEs, a complaint mechanism, and by considering the impact on small holders, indigenous groups and communities
Lessons from the implementation of the EU Timber Regulation show that Member States’ Competent Authorities often fail to meaningfully implement and enforce the law in practice, argues Earthsight
Some EU member states want more time to implement the upcoming anti-deforestation law, which includes due-diligence obligations, citing concerns about the administrative burden that SMEs might face.
The undersigned organisations, welcome the European Commission’s proposal for a new EU regulation on deforestation-free products. It is now up to the European Parliament and Member States to preserve and improve the essential elements of the Commission’s proposal and deliver a strong and ambitious law.
Civil society organisations and representatives of Indigenous communities all over the world call on the EU to require businesses to respect land rights in anti-deforestation rules
Cameroonian activists rallied in front of the EU delegation in Yaoundé to demand the block to cease support for rubber linked to deforestation, and to call for an ambitious EU legislation on forest commodities
The fate of the proposals on (i) minimising the risk of deforestation and forest degradation associated with products placed on the EU market and (ii) sustainable corporate governance is now unclear, raising concerns among civil society.
The organisations call on the EU to ensure that its upcoming legislative measures are effective and fully uphold their rights as set out in international law, and in line with the EU’s own commitments.