The discursive structure of FLEGT (Forest Law Enforcement, Governance and Trade): The negotiation and interpretation of legality in the EU and Indonesia

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Abstract

The FLEGT (Forest Law Enforcement Governance and Trade) initiative is among the recent attempts to combat deforestation and promote sustainable forest development. However, ideas about what the objectives of FLEGT are and how legality should be interpreted differ among different actors involved. Some advocate a narrow interpretation of legality that promotes a strong role of the state and focuses on law enforcement, while others advocate a broader interpretation that includes issues of participation and sustainability. These different interpretations mirror current developments in international forest governance which are influenced on the one hand by broader trends in governance, which focus on voluntary instruments, participation and marketization, while on the other hand, the nation state remains a very powerful actor. This article uses a discourse analytical approach to analyze the discursive structure of FLEGT, particularly the European Union FLEGT Action Plan and the Indonesian legality standards. Our findings show that FLEGT is first and foremost shaped by state oriented discourses that promote regulatory instruments and a narrow interpretation of legality. Sustainability and participatory considerations are present, both in the EU and in the Indonesian context, but they come in a secondary position. The article concludes by positioning these findings in the international forest governance debate and by discussing the implications of the discursive structure of FLEGT for sustainability, participatory governance and the state.

Highlights

► FLEGT is seen as a field in which different discourses emerge, compete and connect. ► The results show a shift from participation and sustainability towards regulation. ► FLEGT privileges regulatory instruments over market and civil society governance. ► By turning law enforcement into an end, FLEGT risks neglecting sustainability issues. ► Open debate about FLEGT’s goals and the appropriate role of law enforcement is needed.

Section snippets

Introduction: discourses and trends in forest governance

The past decades show two major changes in global forest governance. The first is an increasing concern with combating deforestation and achieving conservation and sustainability. The second implies “a move away from centrally administered, top-down regulatory policies that characterized much of the 19th and 20th centuries” towards increasing decentralization, marketization, and participation (Agrawal et al., 2008 pg. 1460). This increased involvement of lower level authorities and non-state

The FLEGT Action Plan and the Indonesian timber legality standards

In 2003, the European Commission published an action plan to combat illegal logging and trade in illegal timber (EC, 2007a). The FLEGT Action Plan is considered to be Europe's response to the growing problem of illegal logging and trade in illegal timber and forest products. The main objective of the FLEGT Action Plan is to ensure that only timber from legal sources enters the European Union. This is achieved by developing Voluntary Partnership Agreements, public procurement policies, promoting

Approach and methods

This article uses a policy discourse analytical approach (Hajer, 1995). As this approach is well suited to address complex policy issues which involve multiple dimensions, meanings and interpretations it fits with the objective of the article to analyze how legality is interpreted, defined and negotiated in the EU-Indonesia VPA. Using this approach, forest governance, in this case FLEGT, is conceived as a discursive field in which different discourses emerge, compete and form connections and

Discourses in the EU context

The EU Briefing Notes clearly demonstrate the different interpretations of FLEGT within the EU. Although in the oldest briefing notes, dating back to 2004 and 2005, (EC, 2004a, EC, 2004b, EC, 2005) state oriented discourses were most prominent, the series published in 2007 (EC, 2007a, EC, 2007c, EC, 2007d, EC, 2007b) reflect the increasing importance of sustainability and participation oriented discourses. Market discourses do not feature in the Briefing Notes, which is in sharp contrast with

Discourses in the Indonesian context

The Indonesian legality standards are published in a rather detailed and technical document (the SLVK document) which includes many different aspects of forest management and timber trade. The standards consist of a number of principles, the most prominent of which are (1) legal status and user rights, (2) compliance with the legal system and procedures for harvesting and (3) compliance with environmental and social aspects related to harvesting (P38, 2009). Apart from these issues, the state

The discursive structure of FLEGT

Our findings show that the FLEGT process reflects a complex cluster of discourses that complement and compete with each other. The analyses of the interviews and the EU documents confirm the earlier claim that FLEGT and legality are interpreted and defined in different ways (also see Wiersum and Elands, 2012). The main point of contention in these discursive struggles is whether FLEGT is purely a way to regulate trade or whether it also should include issues of environmental and social

FLEGT, governance, and the state

In its focus on regulatory instruments and the state, FLEGT offers a contrast with other, voluntary, forest governance initiatives such as the principles for sustainable forest management or certification. In the context of Indonesia, the discursive structure of FLEGT is not surprising. As Peters and Pierre (1998) argue, processes of reform are path dependent and reflect the social and political history and culture of a country. They are embedded in systems of norms and administrative practices

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