forest management policies

FOREST MANAGEMENT POLICIES
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FOREST MANAGEMENT POLICIES
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CONTENTS
FREQUENTLY ASKED QUESTIONS ON:
FOREST MANAGEMENT POLICIES
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WHAT POLICIES AND PROCEDURES ARE IN PLACE TO ENSURE GOOD FOREST
MANAGEMENT IN MALAYSIA?
WHY ARE THERE SO MANY BODIES RESPONSIBLE FOR FOREST MANAGEMENT AND
HOW DO THESE BODIES WORK TOGETHER?
WE UNDERSTAND THAT FOREST MANAGEMENT IN PENINSULAR MALAYSIA IS
REGULATED DIFFERENTLY FROM SABAH AND SARAWAK. WHY SUCH EXCEPTIONS
TO A COMMON POLICY AND HOW DOES THIS IMPACT ON SUSTAINABLE FOREST
MANAGEMENT IN MALAYSIA?
HOW DOES MALAYSIA BALANCE PRESERVATION OF NATURAL FORESTS AND
INDUSTRIAL / AGRICULTURAL PRODUCTIVITY?
TO WHAT EXTENT DO THE MALAYSIAN POLICIES MATCH UP WITH THE GLOBAL
ENVIRONMENTAL POLICIES?
SUSTAINABILITY
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HOW IS THE ISSUE OF FOREST SUSTAINABILITY ADDRESSED IN MALAYSIA?
WHAT MEASURES AND/OR LEGAL FRAMEWORK HAS MALAYSIA ADOPTED TO
PRESERVE THE HABITAT OF WILDLIFE AND PROTECTED SPECIES?
WHAT ARE THE VARIOUS REGULATIONS IN MALAYSIA TO PROTECT THE ORANG-UTANS
IN THE TROPICAL FORESTS?
HOW DOES MALAYSIA MAINTAIN THE PRODUCTION OF ITS FOREST PRODUCTS AND YET
ENSURE SUSTAINABILITY?
ARE THERE GUIDELINES FOR PROPER FOREST HARVESTING?
IF THERE IS AN INCREASE IN GLOBAL DEMAND FOR TROPICAL TIMBER, WOULD
MALAYSIA REVIEW ITS POLICIES?
WHAT MEASURES ARE BEING TAKEN BY MALAYSIA TO ENSURE THAT FELLING OF
TREES DOES NOT DENUDE THE FORESTS?
HOW DOES MALAYSIA ENSURE PARTICIPATION OF INDIGENOUS PEOPLE AND LOCAL
COMMUNITIES IN FOREST-BASED SOCIO-ECONOMIC ACTIVITIES?
HOW OFTEN DOES MALAYSIA REVISIT THE VARIOUS ENACTMENTS AND ORDINANCES
IN ITS LEGISLATION?
IS MALAYSIA’S FRAMEWORK BENCHMARKED AGAINST INTERNATIONAL BEST
PRACTICES?
VERIFICATION & CERTIFICATION
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HOW DID MALAYSIA’S CERTIFICATION STANDARDS COME INTO EXISTENCE AND DO
THEY MATCH UP WITH GLOBAL STANDARDS?
37 IS THE MTCC FULLY INDEPENDENT?
37 WHY WAS IT NECESSARY TO HAVE A CERTIFICATION SCHEME?
38 WHAT IS THE BENEFIT OF CERTIFICATION?
39 ARE ALL THE STATES COOPERATING? HAVE ANY LOCAL PLAYERS RESISTED
MALAYSIA’S SCHEME? HOW DOES MALAYSIA ENSURE THAT ITS CERTIFICATION
SCHEME IS EMBRACED BY ALL?
39 WHICH COUNTRIES HAVE ACCEPTED MALAYSIA’S CERTIFICATION? HAS MALAYSIA
CONSULTED ANY INTERNATIONAL ORGANISATIONS?
ILLEGAL PRACTICES
42 ARE ALL MALAYSIA’S TIMBER EXPORTS TO THE GLOBAL MARKET PLACE TRACEABLE
THROUGH LEGAL PRACTICES?
43 IS MALAYSIA COOPERATING WITH INDONESIA IN ADDRESSING ISSUES LIKE ILLEGAL
LOGGING AND SMUGGLING OF TIMBER? WHAT ARE MALAYSIA’S ENFORCEMENT
MEASURES TO HANDLE SUCH ISSUES?
43 HOW IS THE TRADE OF RAMIN WHICH IS A HIGHLY PROTECTED SPECIES
ADMINISTERED?
44 WHAT HAPPENS TO SMUGGLED RAMIN TIMBER WHICH HAS BEEN CONFISCATED IN
MALAYSIA?
FOREST MANAGEMENT POLICIES
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FOREST MANAGEMENT POLICIES
FOREST
MANAGEMENT
POLICIES
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FOREST MANAGEMENT POLICIES
1. WHAT POLICIES AND PROCEDURES ARE IN PLACE TO ENSURE GOOD
FOREST MANAGEMENT IN MALAYSIA?
Malaysia is run by a federal system of government, operating
within three geographical demarcations – Peninsular
Malaysia, Sabah and Sarawak. The administrative power,
jurisdiction and related responsibilities are usually shared
between the federal and state governments. The 13 state
governments have jurisdiction over agriculture, land and soil
conservation, rivers, water and forest resources as provided
under Article 74(2) of the Malaysian Constitution.
However, matters related to Forest Management are governed
and/or dealt with at the federal level by two Ministries – the
Ministry of Natural Resources and Environment (upstream),
and the Ministry of Plantation Industries and Commodities
(downstream). Other Forestry-related environmental issues
come under the Concurrent Lists of the Constitution, as
the government of Malaysia seems to have a pluralistic
approach, with many parallel roles and responsibilities in
place. However, the common ground of shared interests and
objectives between the states and the federal government
- on land and forestry issues - has been instrumental in
keeping the state-federal relationship closely knitted in
terms of fulfilling one agenda.
The one agenda is the common set of laws and regulations
for forest management adopted by the 11 states of Peninsular
Malaysia. Even while retaining their autonomy, the states of
Sabah and Sarawak have aligned themselves remarkably
with the initiatives and policies of their sister states. Such a
coordinated common approach to forest management is very
well facilitated through the National Forestry Council (NFC),
in action since 1972.
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The NFC harmonizes Sustainable Forest Management
(SFM) policies and practices between Federal and State
Governments. It is chaired by the Deputy Prime Minister and
its membership comprises:
i. the Chief Ministers of the 13 states
ii. heads of all forestry departments in Peninsular Malaysia,
Sabah and Sarawak
iii. relevant Federal Ministers responsible for natural
resources and the environment, finance, trade,
agriculture and agro-based industries, plantation
industries and commodities, science, technology and
innovation
The NFC was instrumental in the formulation of Malaysia’s
National Forestry Policy (NFP), which was later approved
and adopted by the National Land Council (NLC) in 1978.
The NFP has a number of special clauses and terms, with
a view to ensure sustainability, while undertaking various
forest management intitiatives. This policy is unequivocally
implemented by all the states in Peninsular Malaysia. Sabah
and Sarawak have chosen to adopt an independent Forest
Policy, However, in Sarawak, the Forest Policy – first adopted
in 1954 by the Governor-in-Council – has similar provisions
as the NFP.
The NFP also provides for the maintenance of a Permanent
Forest Estate (PFE) or more latterly known as the Permanent
Reserved Forests (PRF), to be managed along principles of
sound forest management, as well as “Stateland” Forests
outside the PRF, which are earmarked for non-forestry
uses.
FOREST MANAGEMENT POLICIES
CANOPY LAYERS OF THE MALAYSIAN RAINFOREST
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FOREST MANAGEMENT POLICIES
2. WHY ARE THERE SO MANY BODIES RESPONSIBLE FOR FOREST
MANAGEMENT AND HOW DO THESE BODIES WORK TOGETHER?
The practical application of environmental sustainability in Malaysia is resident within a federal-state infrastructure and harmonised
within a complex network of systems and administrative institutions at several levels (as illustrated in diagram below). Many of these
have been inherited through a century of forest management.
The forestry and timber industries play a very important role
in the socio-economic development of Malaysia. Because
of this, alongside the fact that Malaysia is a federation of 13
states, and as a result of other historical circumstances, there
are many institutions and agencies responsible for forest
management and timber, and timber industry development.
These many agencies at federal, state and local governments
have multifarious roles, depending on the location of
operations. While they have evolved independently, due
to strong governance towards a cohesive common goal
and broad national policies in the past several years, their
roles have been consolidated at the national and regional
levels through legislature and implementing/coordinating
committees.
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Over-arching interests make them all work closely together
to ensure best practices towards SFM. Additionally, they
subscribe to common policies as enshrined in the National
Forestry Policy and the National Forestry Act and are subject
to common certification procedures. Several multi-agency
Task Forces also collaborate to provide environmental
stewardship over Malaysia’s forest resources. Nevertheless,
the key agencies are the different forestry departments, the
Ministry of Plantation Industries and Commodities and the
Ministry of Natural Resources and Environment, the Malaysian
Timber Industry Board (MTIB), the Sarawak Timber Industry
Development Corporation (STIDC), the Sarawak Forestry
Corporation (SFC), the Malaysian Timber Council (MTC) and
Malaysian Timber Certification Council (MTCC).
FOREST MANAGEMENT POLICIES
3. WE UNDERSTAND THAT FOREST MANAGEMENT IN PENINSULAR MALAYSIA
IS REGULATED DIFFERENTLY FROM SABAH AND SARAWAK. WHY SUCH
EXCEPTIONS TO A COMMON POLICY AND HOW DOES THIS IMPACT ON
SUSTAINABLE FOREST MANAGEMENT IN MALAYSIA?
Historically, there have been different legal frameworks to
facilitate land management in a structured manner. It was
only in 1963 when Sabah and Sarawak joined the Federation
of Malaysia, with different but well defined, and regulated
forestry laws, practices and cultural norms, that any effort
towards harmonisation of policies could have begun. Even so,
it cannot be assumed that land and forest laws in the existing
11 states in Peninsular Malaysia were at that time quite
harmonised. All the states in the Federation of Malaya had
their own individual enactments. In 1972 a focussed effort
towards a common approach to forest management resulted
in the formation of the National Forestry Council (NFC). Since
then the NFC has been primarily responsible for harmonising
policies between Federal and State governments, especially
with regard to sustainable forest management or SFM.
In the early 1980’s, efforts were made to revisit the disparate
forest enactments that had hitherto evolved in the various
states of Peninsular Malaysia through the NFC. This resulted
in a National Forestry Act (NFA) that was approved in 1984
(subsequently amended in 1993), whose provisions were
accepted by the respective states. Similarly, Sarawak*
amended its Forests Ordinance 1954 on several occasions.
But, with the 2003 amendment provisions were made to
strengthen enforcement powers and to introduce severe
penalties for infringement of the Ordinance. Likewise, the
Sabah Forest Enactment 1968 was formulated to regulate
and control activities related to removal of forest produce.
Further amendments were made in 1984, 1992 and 1994 to
strengthen the provisions related to enforcement activities.
NB: * Laws made by State Legislative Assemblies are called Enactments,
including those made by the Malay States before independence. Sarawak is
the exception; its laws are called Ordinances.
So, despite the independently-led forest management
frameworks that were inherited by the various states of the
Federation, forest management policies and procedures have
since the establishment of the National Forestry Council
moved closer towards common standards and objectives,
and they are also being revisited periodically to ensure that
all the states including Sabah and Sarawak work towards
robust and internationally-benchmarked sustainable forest
management practices.
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FOREST MANAGEMENT POLICIES
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FOREST MANAGEMENT POLICIES
4. HOW DOES MALAYSIA BALANCE PRESERVATION OF NATURAL FORESTS
AND INDUSTRIAL/AGRICULTURAL PRODUCTIVITY?
At the heart of forest conservation in Malaysia are its
protected areas. Protected areas are areas that have been
legally gazetted by law. In Malaysia, protected areas cover
both terrestrial and marine environments. Almost half of
the total land area of 14.29 in Malaysia is protected under
Permanent Reserved Forests (PRFs) and are managed for
their economic, social, and conservation values. Today, about
78 percent of the total PRFs are set aside for sustainable
management of timber, whilst the remaining areas have been
given strict protection status. Such areas include Protection
Forests, Virgin Jungle Reserves and Conservation Areas.
In addition, the protected area network has been further
extended by the designation of National and State Parks,
Wildlife Reserves, Bird and Game Sanctuaries. Taman
Negara (Peninsular Malaysia), for example, Mainland Asia’s
premier protected area, offers spectacular scenic beauty and
incredible species diversity. Wildlife Sanctuaries and Reserves
also protect forests on entire highland plateaus, such as the
Cameron Highlands Wildlife Sanctuary, and on secluded
islands, such as Tioman Wildlife Reserve (Peninsular
Malaysia). Transboundary protected areas extend into the
bordering nation of Indonesia to ensure that critical habitats
are not fragmented. The two UNESCO World Heritage Sites of
Gunung Mulu National Park in Sarawak, and Kinabalu Park
in Sabah, as well as, Tasek Bera (Peninsular Malaysia) and
Tanjung Piai (Peninsular Malaysia), wetlands designated by
the international Ramsar Convention on Wetlands, are
testimony to the fact that Malaysian protected areas are of
international standards.
Malaysia has recognised that the existing protected area
network may not have provided adequate coverage for all
the major forest types and specialised habitats. However,
the Malaysian protected area network is evolving and gaps
are being identified through collaborations between the
Government and NGOs, and proposals for new protected
areas continue to be developed. In Sarawak for example,
twelve new National Parks, six Nature Reserves and three
wildlife sanctuaries have been recently proposed and are at
various stages of being constituted. This extends the existing
protected are network by about 841,511 hectares.
In summary, a network of Totally Protected Areas (TPAs)
guarantees the protection of forest areas as:
• National and state parks
• Wetlands
• Wildlife and bird sanctuaries
• Virgin Jungle Reserves
• Protection forests
• Marine parks
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FOREST MANAGEMENT POLICIES
Within the PRF, harvesting is only allowed in the production
forest. The PRF is the cornerstone of Malaysia’s sustainable
forest management under which each state is required by
law to draw up Forest Management Plans (FMP) based on
the concept of rational land use and multiple functions of the
forests. These are:
i. conservation of adequate forest areas for protection of
flora and fauna, recreation, education and research
ii. sound climatic conditions
iii. safeguarding water supplies and soil fertility, minimizing
flood damage and erosion;
iv. an adequate supply of forest products in perpetuity
Source: Department of Wildlife & National Parks
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Through these special allocations and reserves, Malaysia
continues to safeguard its valuable national reserves and
forests. This calls for periodic reviews and revisiting of current
systems as well as formulation of new effective policies to
mitigate the effect of threats from industrialization and/or
economic growth and progress.
FOREST MANAGEMENT POLICIES
Source: Department of Wildlife & National Parks
The National Physical Plan was approved in 2005, various sub-level plans have also been completed. Under this National
Physical Plan, a new category of Environmentally Sensitive Areas (ESA) has been identified for protection. Among the areas
identified for protection under these plans are:
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FOREST MANAGEMENT POLICIES
Peninsular Malaysia State Enactments on Habitat Conservation
Various States in Peninsular Malaysia have enacted State legislation on habitat conservation. Most of this legislation takes the
form of the establishment of Parks:
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FOREST MANAGEMENT POLICIES
5. TO WHAT EXTENT DO THE MALAYSIAN POLICIES MATCH UP WITH THE
GLOBAL ENVIRONMENTAL POLICIES?
Malaysia’s environmental policies and SFM have been
reviewed and endorsed by governments of leading importing
countries, by the trade and also by independent international
agencies, and verification is continually in process to ensure
Malaysia’s policies are internationally benchmarked.
Besides, Malaysia is a member of the International Tropical
Timber Organization (ITTO), an international organization
promoting the conservation and sustainable management
of timber, use and trade of tropical timber resources.
With Malaysian timber policies and practices in line with
ITTO Objective 2000, SFM has been accepted as a national
commitment. This was aptly recognised by ITTO in its 1995
Mid-Term Review on Progress Towards the Achievement of the
Year 2000 Objective: Malaysia was commended as a country
with a strategic focus and approach to achieve SFM. This was
reaffirmed by ITTO in the Review of Progress Towards the Year
2000 Objective in November 2000. A subsequent ITTO report,
Status of Tropical Forest Management, released in 2005, also
acknowledges that Malaysia’s forests are well-managed.
Malaysia’s SFM has never existed in isolation. Rather, Malaysia
has always formulated its policies in close consultation with
leading institutions from around the world. Both Malaysia’s
forest management policies and its certification and licensing
scheme are continually benchmarked against established
international criteria, practices and standards.
With regard to its overall environmental policies, Malaysia’s
commitment to environmental protection is articulated and
reinforced in every progressive five-year Development Plan.
Environmental management is a key focus in Malaysia’s
Development Plans. The approach adopted by Malaysia is to
move towards a more integrated and holistic management of
her natural resources. As a result of her continuing efforts
to enhance the institutional and regulatory framework to
promote sustainable development, Malaysia has recently
been ranked 38th among 146 countries worldwide for
environmental sustainability (Yale University, 2005). Malaysia
has also ratified a number of international environmental
protection treaties (see table on following page).
Malaysian delegates attending the Second Malaysia-European Commission Senior Officials Meeting on Forest Law Enforcement, Governance and Trade in Brussels,
Belgium in 2007.
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FOREST MANAGEMENT POLICIES
Malaysia has also ratified a number of international environmental protection treaties, which are as follows:
Source: Mohd Nizam Basiron, Malaysia: Status of Implementation of International,
Regional, Sub-Regional and Bilateral Treaties Related to the Protection of the Marine
Environment in the South China Sea, Centre for Coastal and Marine Environment,
Maritime Institute of Malaysia, May 2004.
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FOREST MANAGEMENT POLICIES
SUSTAINABILITY
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SUSTAINABILITY
1. HOW IS THE
MALAYSIA?
ISSUE
OF
FOREST
IN
The MTCS has become the first tropical timber certification
scheme in the Asia Pacific region, and the second in the
world after the Gabonese Forest Certification Scheme,
to be endorsed by the PEFC on 1 May 2009. It gives
further assuarance that forests certifed under the MTCS
are implementing the best management practices and
contributing to the challenging efforts to achieve sustainable
forest management, particulary for the tropical rainforests.
In addition, the endorsement enables the MTCS to achieve
mutual recognition with 27 other PEFC-endorsed certification
schemes. By end of September 2009, a total of 159 timber
companies have been awarded the MTCS Certification of CoC
of which 109 timber companies have been awared the MTCS
CoC certification against the requirements of PEFC Technical
Document Annex 4 by the Accredited Certification Body.
In 1999, with the support from the German Agency for
Technical Cooperation (GTZ), Malaysia finalised a set of
internal assessment procedures for monitoring, evaluating
and reporting on sustainable forest management procedures.
The MC&I also provided a basis for enhancing the first set of
standards used by the Malaysian Timber Certification Council
scheme.
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ADDRESSED
Malaysia has been a pioneer in tropical forest certification.
The MTCC was established in 1998 and started operating its
scheme in 2001, with standards based on the ITTO Criteria
and Indicators (1998). Currently, 4.42 million ha of permanent
reserved forest in seven FMUs in Peninsular Malaysia and
one FMU in Sawarak have been certified under the MTCS,
which is the largest in the tropical world.
With a legacy of a century of well-managed forest production,
sustainability has long been a commitment of the various
timber and forest agencies in the country. More recently,
a concerted effort in SFM began. In 1994, a National
Committee on Sustainable Forest Management in Malaysia
was established to coordinate the implementation of various
activities to ensure that forest resources are managed to
current international best practices of forest sustainability.
The Committee facilitated the development of an extensive
set of Malaysian Criteria and Indicators for Sustainable Forest
Management (MC&I), to assess progress at the national
and forest management unit levels. A task force involving
representatives of relevant government ministries and
researchers was established to monitor and assess activities
undertaken by respective state forestry departments outside
the standards set by MC&I.
Tualang
SUSTAINABILITY
Kapur
Pulai
SUSTAINABILITY
2. WHAT MEASURES AND/OR LEGAL FRAMEWORK HAS MALAYSIA ADOPTED
TO PRESERVE THE HABITAT OF WILDLIFE AND PROTECTED SPECIES?
Apart from National Parks, Wildlife Reserves and Sanctuaries,
there are legal mechanisms to gazette Protection Forests
within the PRF, as defined in the National Forestry Policy,
1978 (Revised 1992). As stipulated under Section 10(1) of the
National Forestry Act (NFA), 1984 (Amended 1993) there are
10 functional classes, including forest sanctuary for wildlife.
No logging is allowed in these Protection Forests, which are
established and protected by law. The Protection Forests in
the PRF consist of:
• Non-harvestable Forest (areas above certain altitude and
slopes)
• Wildlife and bird sanctuaries
• Virgin Jungle Reserves
• Recreational forest
• Catchment forest and reservoirs
• Forest for federal purposes
A notable example of Protection Forests is the Danum Valley
Conservation Area in Sabah, which is an important centre
for research and biodiversity conservation. In Sabah, an
additional form of Protection Forests within the PRFs are
known as Conservation Areas. An example is the Maliau
Basin Conservation Area. Malaysia has also established two
Genetic Resources Areas (GRAs) in Ulu Sedili (Peninsular
Malaysia) and Semenggoh Forest Reserve (Sarawak).
Furthermore, in Peninsular Malaysia and Sabah, Virgin
Jungle Reserves (VJR) - pockets of virgin forest- are set
aside within the PRF to serve as permanent nature reserves
- an arboreta, as controls for comparing harvested and
silviculturally treated, as well as undisturbed natural forests
for general ecological and botanical studies. These VJRs
represent many distinct virgin forests found in the country,
which include Mangrove Forest, Heath Forest, Peat Swamp
Forest, Lowland Dipterocarp Forest, Hill Dipterocarp Forest,
Upper Dipterocarp Forest and Montane Forest.
It is also important to note that stringent parameters are
followed for harvesting in the Production Forests of the PRF.
Cutting limits prescribed for dipterocarp and non-dipterocarp
and other management prescriptions are also followed. Under
the MC&I (2002), the protection of habitat include verifiers for
protection of keystone species, salt licks, high conservation
value forests (HCVF), wildlife corridors and buffer zones.
Currently, in Peninsular Malaysia, there are 32 timber
species not allowed to be harvested within the PRF. They
are conserved because of their importance to fauna species,
medicinal values, and usage by Orang Asli (Indigenous
Peoples). In practice, these trees are not tagged by the
Forestry Department staff during the tree marking operations
and thus, cannot be removed by the loggers.
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SUSTAINABILITY
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SUSTAINABILITY
Under Section 31 of Sarawak’s Wildlife Protection Ordinance,
48 protected plant species are listed as follows:
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SUSTAINABILITY
Prohibited Species in Sabah
Under Sabah enactments, the term used for protected tree species is “prohibited species”.
Prohibited species means the following trees.
i. Any tree marked for retention by the Director of Forestry.
ii. The following trees*:
* Forest Reserve only
Chengal seeds
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Jelutong seeds
Penarahan seeds
SUSTAINABILITY
3. WHAT ARE THE VARIOUS REGULATIONS IN MALAYSIA TO PROTECT THE
ORANG-UTANS IN THE TROPICAL FORESTS?
As has been explained, Wildlife Reserves are identified and
designated both within and outside the PRF for protection
of wildlife. There is a host of statutory laws governing the
conservation of biological diversity, both on a species level
and in terms of protection of habitats. Some of the laws are
vested with the following:
The 1998 National Policy on Biological Diversity emphasises
the need for nature reserves, to preserve the home of many
endangered species including the Orang-Utan. Sabah,
the second largest state in Malaysia, is where the highest
concentrations of Orang-Utan are found and where many
conservation projects have been launched like the Sabah
Biodiversity Conservation Project (SBCP) in 1996, the Sepilok
Orang-Utan Rehabilitation Centre which was gazettted under
the Wildlife Conservation Enactment 1997 (Sabah En.6/97)
and the Maliau Basin Conservation Project, in 1998. The
SBCP involved state agencies, Danish consultants and the
World Wide Fund for Nature (WWF) Malaysia. The Sabah
Wildlife Department is the agency responsible to implement
the provisions of the enactment for the conservation and
management of wildlife and its habitats in the state of
Sabah.
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SUSTAINABILITY
Another important step was the conversion of the Lower
Kinabatangan Basin into a wildlife sanctuary because of the
ideal environment it affords as home to a large number of
Orang-Utan. The Danish government, through its agency,
DANIDA, supported a framework to guide the formulation of
an integrated management plan for this area.
In Sarawak, the protection of wildlife, and the establishment
and management of sanctuaries fall under the shared
jurisdiction of the state Forestry Department and the
Sarawak Forestry Corporation. The well-known Semenggoh
Orangutan Sanctuary is run by the SFC.
Feeding time at the Sepilok Orang-Utan Rehabilitation Centre, Sabah.
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There also seems to be a very positive contribution from
private sector companies and independent bodies like the
Malaysian Palm Oil Council, which has also recently launched
a RM20million Wildlife Conservation Fund.
Another recent landmark development has been the Heart
of Borneo agreement, which was signed by Malaysia along
with its neighbours Indonesia and Brunei Darussalam, to
bring about a new level of protective conservation measures,
covering a large hinterland of 220,000 square km of major
reserve area. This speaks volumes of Malaysia’s commitment
towards environmental protection and conservation.
SUSTAINABILITY
4. HOW DOES MALAYSIA MAINTAIN THE PRODUCTION OF ITS FOREST
PRODUCTS AND YET ENSURE SUSTAINABILITY?
Malaysia has been practising sustainable forestry for a
century – if its policies and practices did not embrace and
encourage SFM, much of its forest cover would have been
depleted by now. The Selective Management System (SMS)
practised in Malaysia was evolved to optimise:
i. an economic cut
ii. the sustainability of the forests
iii. minimum costs for forest development
Under the SMS, forestry activities are categorised into three
stages, namely pre-harvesting, harvesting (n) and postharvesting.
The sequence of operations under the SMS is as follows:
During harvesting, prescribed forestry activities are
conducted in accordance with rules and regulations, as
stipulated in the logging licences issued by the respective
State Forestry Departments. Amongst others, matters given
due consideration during forest harvesting include:
•
•
•
directional felling to ensure minimal damage to residual
stands.
construction of forest roads, skid trails and log landings
according to prescribed standards to ensure minimal
adverse environmental impact.
Demarcation of adequate buffer zones along rivers and
streams to mitigate soil erosion.
Its 100-year legacy in forest management notwithstanding,
Malaysia continues to raise the bar on SFM standards,
notably through the implementation of the MC&I but also
through its enforcement and international benchmarking
activities. It is recognised that the task is complex and that
international best practices are themselves evolving in line
with growing stakeholder expectations. As such, SFM will
require substantive financial and human resources, as well
as the application of new and appropriate technologies if its
future success is to be assured.
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SUSTAINABILITY
5. ARE THERE GUIDELINES FOR PROPER FOREST HARVESTING?
Indeed there are. Harvesting of timber in Malaysia is based on
the principles of the selective management system or SMS.
Elements of this system include a quota for each state, which
is approved by the National Forestry Council, and adopted by
the respective states. The system takes into account forest
boundary demarcation, forest preand post-felling inventories,
minimum cutting limits, timber tagging and tree marking,
directional felling, guidelines for harvesting and post-harvest
surveys, specifications for roads and buffers zones and
protection of watercourses. In the course of implementing the
selective felling system, Malaysia pays attention to related
environmental management practices such as RIL (reduced
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impact logging), in addition to establishing forest checking
stations, royalty assessment and issuance of removal
passes.
To rehabilitate logged-over forests that are poorly-stocked
with residual trees, enrichment planting of indigenous
species is carried out, especially on skid trails, temporary
logyards and campsites. In certain areas, rattan and bamboo
planting is carried out to provide for the needs of the local
communities. Sustainable forest harvesting ensures that
there is economic harvest and enough residuals for the next
cutting cycle, and that species composition is maintained.
SUSTAINABILITY
6. IF THERE IS AN INCREASE IN GLOBAL DEMAND FOR TROPICAL TIMBER,
WOULD MALAYSIA REVIEW ITS POLICIES?
It is not possible to speculate on policy changes in any
country. Malaysia is a parliamentary democracy and any
future government in power will have to respect the mandate
given to it by its electorate. However, if Malaysia’s track
record or tropical forest legacy is indicative of its commitment
to sustainability, then it is highly unlikely that its current
achievements in relation to sustainability will be reversed
in the near future. Malaysia has worked towards devising
comprehensive laws, policies, procedures and schemes,
which have evolved over decades in response to local and
international conditions and needs.
In recognition of growing global appetite for timber products,
however, and to complement timber extraction from the
natural forest, Malaysia has encouraged forest regeneration.
The government has embarked on a large-scale forest
plantation project through the establishment of a Special
Purpose Vehicle (SPV) to coordinate a funding scheme to
attract investors to plant trees. A strategic forest plantation
programme has been embarked upon to plant 25,000 ha
of eight selected species that will be managed on 15-year
cycles.
Meanwhile, R&D is also enabling more economical use of the
existing wood resources, as well as developing other sources
such as biomass, to include coconut and oil palm trunks,
discarded fibre from the oil palm fruit bunches and kenaf.
Under Malaysia’s Forest Plantation Development Programme, 375,000 ha of land will be planted with fast-growing tree species by year 2020.
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SUSTAINABILITY
7. WHAT MEASURES ARE BEING TAKEN BY MALAYSIA TO ENSURE THAT
FELLING OF TREES DOES NOT DENUDE THE FORESTS?
Over the years, a number of forestry programmes, projects
and activities have been undertaken in Malaysia to fulfill the
core objectives of SFM such as:
• the National Forest Inventory instituted in the 1970’s,
and carried out every 10 years on all forested lands to
determine the status and composition of Peninsular
Malaysia’s forest resources and to facilitate better
management and planning
• forest mapping is also undertaken using the Geographic
Information System (GIS) and remote sensing techniques
to monitor changes that occur within the forests
• Malaysia has undertaken research in forest management
including growth, yield and mortality studies under the
various cutting regimes
• applied research in successful rehabilitation of highly
degraded forest sites
• establishment of Virgin Jungle Reserves (VJRs) to
serve as research areas for botanical, pharmacological,
phenological and genetic studies
• formulation of guidelines & standards, especially the
MC&I for SFM & timber certification, and
• reduced Impact Logging
Meanwhile, R&D is also enabling more economical use of
the existing wood resources, as well as developing other
sources such as biomass, to include coconut and oil palm
trunks, discarded fibre from the oil palm fruit bunches and
kenaf. Malaysia aims to ensure sustained supply of wood
and non-wood products, maintain forest services, maintain
environmental stability, clean water and biodiversity.
Biodiversity expeditions are ongoing exercises, which involve
strong collaboration with higher institutes of learning. In
addition, Malaysia is also driving technological research and
development (R&D) in order to maximize the use of available
natural resources. It is a noted fact that R&D on use of
rubberwood has led to a billion Ringgit breakthrough that has
led to the star performance of Malaysia’s furniture industry.
There is even confidence therefore that the application of
appropriate technology will enable the use of plantation
material such as oil palm and rubber and other biomass,
also to maximize the utilization of fibre-based products.
As the following table shows, with a total of 4.16 million ha
(12.6% of the country’s land area) under oil palm, there is
great potential for the future utilization of oil palm fibre.
30
SUSTAINABILITY
The Pan ASEAN Timber Certification Initaitive
Further to the discussions held in June 2002 between H.E.
Mr. Pascal Lamy, European Commissioner for Trade, with the
then Minister of Primary Industries Malaysia, H.E. Dato’ Seri
Dr. Lim Keng Yaik, Malaysia has played the leading role in
driving initiatives amongst the ASEAN Member Countries to
establish a Pan-ASEAN Timber Certification Scheme. For this
purpose, an Ad-Hoc Working Group on a Pan ASEAN Timber
Certification Initiative has been established, with Malaysia as
the Lead Country.
Amongst others, the main objective of the Ad-Hoc Working
Group is to review the ASEAN Regional Criteria and Indicators
for Sustainable Management of Natural Tropical Forests,
and refer to sets of criteria and indicators used or proposed
by national certification schemes in the individual ASEAN
Member Countries, with a view to identify a core set of
criteria and indicators for a Pan ASEAN Timber Certification
Initiative, using a phased approach.
The First Meeting of the Ad-Hoc Working Group was held in
Kuala Lumpur on 17-19 December 2002 while the Second
Meeting was held in Yogyakarta in Indonesia on 7-8 July 2003.
The Second Meeting of the Ad-Hoc Working Group agreed that
it was important to seek the views of the timber importing
countries, with regard to their minimum requirements for
implementing timber certification using a phased approach.
Hence, the meeting also agreed to establish a Task Force
to undertake consultations with the EU and Japan to obtain
relevant information on their procurement policies and
minimum requirements for timber certification. The Third
Meeting in Jakarta in January 2004 and its subsequent
Fourth and Fifth meetings recognised the importance to
work towards a definition of legality.
8. HOW DOES MALAYSIA ENSURE PARTICIPATION OF INDIGENOUS AND LOCAL
COMMUNITIES IN FOREST-BASED SOCIO-ECONOMIC ACTIVITIES?
The Malaysian government’s development policy focuses
heavily on rural areas. Housing, schools and healthcare
facilities are built close to the villages of indigenous people
so that they are not forced to move out.
for Sabah and Sarawak. Employment opportunities for local
communities and indigenous people both in the upstream and
downstream sectors, either as loggers, drivers, or workers in
processing mills are also widely available.
Under the NFA in Peninsular Malaysia, the Orang Asli or
indigenous people are permitted to collect and remove nontimber forest products from the PRF, while these areas are
out of bounds to others. These non-timber forest products
include rattan, bamboo, honey, herbs, decorative plants,
gaharu and material for local crafts. The situation is also true
In Sarawak, SFM Liaison Committees are formed in forest
areas under certification. The Liaison Committee consists of
the local people, the logging company, and the government
departments (Resident’s Office, SFC, Forest Department
Sarawak, etc).
31
SUSTAINABILITY
9. HOW OFTEN DOES MALAYSIA REVISIT THE VARIOUS ENACTMENTS AND
ORDINANCES IN ITS LEGISLATION?
Malaysia has been producing forest products for more than a
century. Various forest enactments and ordinances have been
formulated and enforced by the respective state authorities
since the early 1900s. A key milestone year was 1978, when
the National Forestry Policy was formulated to coordinate
and harmonise the forestry policies of the various states.
Legislation continues to strengthen, for example the National
Forestry Act of 1984 was amended in 1993 to provide for severe
penalty and sentences up to 20 years for offences such as
encroachment and timber theft. The amendments now also
allow enlisting of police and army personnel for forest crime
32
detection and to carry out enforcement activities. Another
milestone was in the year 1994, when Malaysia established
a National Committee on Sustainable Forest Management
to coordinate implementation of all forestry activities in line
with international best practices.
The World Bank and WWF Malaysia have recently reported
independently that illegal logging constitutes less than 1%
of total logging in the country. From time to time Malaysian
environmental agencies review existing efforts to develop
better indicators of sustainable development.
SUSTAINABILITY
10. IS MALAYSIA’S FRAMEWORK
BEST PRACTICES?
BENCHMARKED
Yes. Malaysia continues to benchmark itself through
ratification of international and regional conventions and
protocols; through continuous dialogue and engagement with
key stakeholders including inter-governmental and regional
organisations; also through its certification scheme, which is
AGAINST
INTERNATIONAL
used to benchmark against international standards. Besides,
the environmental policies of the government are reviewed
periodically during successive five-year development cycles
to ensure that they are in line with evolving international
expectations and trends.
Malaysia’s forestry practices have received due recognition from many foreign parties.
33
SUSTAINABILITY
34
SUSTAINABILITY
VERIFICATION &
CERTIFICATION
35
VERIFICATION & CERTIFICATION
1. HOW DID MALAYSIA’S CERTIFICATION STANDARDS COME INTO EXISTENCE
AND DO THEY MATCH UP WITH GLOBAL STANDARDS?
The Malaysian timber industry is relatively well-developed
and managed with established systems and documented
procedures. Forest certification emerged through direct
initiatives of the various state Forestry Departments as
trustees of PRFs, bilateral projects for SFM between these
Forestry Departments and international bodies, and direct
interest from individual forest concessionaires. Timber
certification in Peninsular Malaysia was initiated through
a Pilot Study on timber by the Malaysia-Netherlands Joint
Working Group (M-NJWG). In Sabah, certification efforts
were seeded by the Sabah Forestry Department-German
Sustainable Forest Management project in the Deramakot
Forest Reserve. Sarawak’s timber certification was initiated by
the Forest Department and the Sarawak Timber Association.
Keen on the benefits of certification, the Malaysian
government and the various state Forestry Departments
set up the Malaysian Criteria and Indicator for Sustainable
Forest Management (MC&I), based on the International
Tropical Timber Organization (ITTO) Criteria and Indicators
(C&I) on Sustainable Forest Management. To oversee the
MTCCC-certified timber has been acknowledged as legal by the Dutch Keurhout System.
36
implementation of the MC&I and to develop and operate a
national timber certification scheme, the Malaysian Timber
Certification Council (MTCC), an independent organisation,
was formed in 1999. The MTCC’s certification programme is
motivated by the country’s commitment to ITTO’s Guidelines
for Sustainable Management of Natural Tropical Forests
and its Criteria for the Measurement of Sustainable Tropical
Forest Management (CMSTFM).
In an effort to establish global recognition for the MC&I,
the MTCC streamlined the MC&I to comply with the FSC’s
Principles and Criteria (P&C). The Malaysian Timber
Certification Scheme (MTCS) was formally acknowledged and
accepted by the Danish Government in its document entitled
“Purchasing Tropical Timber: Environmental Guidelines”
published in October 2003.
There are two certification programmes in place – from the
MTCC as well as the Forest Stewardship Council (FSC); the
forest scheme being the most supported by ENGOs in the
global marketplace.
VERIFICATION & CERTIFICATION
2. IS THE MTCC FULLY INDEPENDENT?
The MTCC is an independent organisation and is governed by
a Board of Trustees comprising representatives from across
the timber industry, academic and research institutions, nongovernmental organisations and government agencies. Its
started its operations in January 1999 to develop and operate
the Malaysian Timber Certification Scheme (MTCS) in order
to provide independent assesments of forest management
practices in Malaysia as well as to meet the demand for
certified timber prodcuts.
for the Endorsement of Forest Certification (PEFC) to
gain endorsement under the PEFC’s mutual recognition
framework. Beginning 1 May 2009, the PEFC Council has
decided to endorse the MTCS for a period of five years. The
MTCS is the first tropical timber certification scheme in South
East Asia to be endorsed by the PEFC Council. Additionally,
the MTCS scheme has been accepted by more than a dozen
countries as providing independent assurance of legal or
sustainable timber.
The MTCS is adapted from international benchmarks.
The MTCC also relies on independent assessors and peer
reviewers, to ensure a system of checks and balances is in
place. Meanwhile, the MTCC collaborates with the Programme
Briefing session at the First Malaysia-EU Senior Officials Meeting on Forest Law Enforcement, Governance and Trade (FLEGT) on Voluntary Partnership Agreement
(VPA) in Kuala Lumpur in 2007.
3. WHY WAS IT NECESSARY TO HAVE A CERTIFICATION SCHEME?
When Malaysia first embarked, voluntarily, on a timber
certification scheme, it was driven by a serious and ongoing
commitment to SFM, and a desire to find out where the country
stood, if benchmarked against international best practices
for SFM measurement. Additionally, forest management
agencies in the country recognised that timber certification
ensures greater acceptance and legality of sustainable forest
products by importing countries. When Malaysia implemented
its independent timber certification scheme in 1999, it did
comply with internationally-agreed criteria and indicators.
To seek even greater recognition of its certification scheme,
the MTCC also consulted with and sought recommendations
from other international certification schemes and forestry
related bodies, thereby lending greater credibility to the
international effort by tropical timber stakeholders to provide
greater assurance of a supply of quality sustainable timber to
meet global demand.
37
VERIFICATION & CERTIFICATION
4. WHAT IS THE BENEFIT OF CERTIFICATION?
Certified timber is timber that can be tracked at every stage,
from its logging in the forest to the last stages of manufacture,
where the consumer can be confident that certain forest
management principles have been abided by. Malaysia holds
true to two main components to this certification process –
the upholding of internationally-agreed forest management
standards and of the Chain-of-Custody procedure. Malaysia
believes in employing a phased approach in implementing
the certification scheme to generate greater buy-in by all
stakeholders and this is reflected in the adoption of the ITTO
C&I to develop a more comprehensive standard resulting in
the MC&I, and the endeavour to produce a new standard based
on the Principles and Criteria (P&C) of the FSC. The “Chainof-Custody” procedure depicts the chain of accountability for
the timber product at every stage of the production process,
beginning with the forest and ending with the consumer,
whereby the chain is fully traceable.
Certification guidelines were built on and operationalised
because certification ensures that;
(a) there is continuous flow of the production of desirable
quality forest products from sustainable forest reserves,
(b) production would neither result in undue reduction
of the forest’s inherent values or future productivity
nor in undesirable effects on the physical and social
environment and
(c) certification would be a symbol of Malaysia’s commitment
to SFM and
(d) market access for Malaysian timber products,
particularl in environmentally-sensitive markets, would
be improved.
Malaysia is an active participant of the International Tropical Timber Council (ITTC) sessions. (Photo credit: IISD)
38
VERIFICATION & CERTIFICATION
5. ARE ALL THE STATES COOPERATING? HAVE ANY LOCAL PLAYERS
RESISTED MALAYSIA’S SCHEME? HOW DOES MALAYSIA ENSURE THAT ITS
CERTIFICATION SCHEME IS EMBRACED BY ALL?
Malaysia understands that the strengths of existing verification
systems lie in the functioning checks and balances between
publicsector monitoring and the audits by various State
Forestry Departments including the different forms of thirdparty external audits. At the Federal level, internal audits
by State Forestry Departments in the peninsula apply the
same standards of performance as audits under the MTCC’s
certification of individual States. Federal audits also follow
up on corrective actions identified by MTCC’s auditors. So
far, there has been steadfast commitment to the effective
implementation of revenue collection, the administration of
transport permits or removal passes, and the monitoring
of domestic log movements, enhanced by the introduction
of ISO standards to specific procedures and computerized
tracking systems.
Measures that Malaysia is taking to improve verifiability
include:
• A shift to 100% tree-tagging and computer tracking
under mandatory Chain-of-Custody. Sabah and Sarawak
is already committed to making this transition.
• Verification of mill throughput and recovery rates to
•
•
•
enable reconciliation of registered legal timber (both
domestic and imported) with registered output.
Upgrading of structures and standards for administration
and verification of timber imports through:
- bilateral instruments to secure Chain-of-Custody
- issuances of transport permits (removal passes) for
imported sawn timber in the same way as imported
logs to enhance traceability to specific mills.
Guidance on public access to the results of public-sector
audits by forestry agencies.
Establishing an accreditation system to enhance MTCC’s
independence, whereby MTCC would step back from
issuing certificates.
Forest management certification schemes ensure:
• a consistency of criteria and indicators applied;
• a balance in the views of all stakeholders;
• greater accountability to the public;
• greater transparency in the schemes used; and
• an additional channel to garner confidence of labeling
authorities.
6. WHICH COUNTRIES HAVE ACCEPTED MALAYSIA’S CERTIFICATION?
MALAYSIA CONSULTED ANY INTERNATIONAL ORGANISATIONS?
The MTCS has been accepted as providing assurance of legal
or sustainable timber in many countries. Wherever traceability
and legality are in question, buying MTCC-certified timber is
the solution. The authorities and organisations, which have
given recognition to the MTCS include the Danish Ministry of
the Environment; the UK Department for Environment, Food
and Rural Affairs (DEFRA); the Royal Horticultural Society
of the UK; the New Zealand Ministry of Agriculture and
Forestry; the French Ministry of Environment and Sustainable
Development and the Ministry of Agriculture, Food and Rural
Affairs; and the Forestry Agency, Ministry of Agriculture,
Forestry and Fisheries of Japan. Meanwhile, the Free and
Hanseatic City of Hamburg, Germany has given recognition
to the MTCS since June 2006 through the implementation of
the MTCC Hamburg Joint Project.
HAS
From March 2009, MTCS has been admitted by the Keurhout
Foundation under the Keurhout Legal System (KH-Legal),
rendering all MTCS-certified Forest Management Units
(FMUS) and holders of the MTCS-certified for Chain-ofCustody (CoC) automatically accepted as KH-Legal. In
addition, six certified FMU’s have been accepted under the
Keuhout Sustainable System (KH-Sustainable) and ten CoC
holders have been accepted under the KH-Sustainable by
May 2009. MTCC has been working towards a full recognition
of MTCS under KH-Sustainable since the PEFC endorsement
of the MTCS.
39
FOREST MANAGEMENT POLICIES
40
FOREST MANAGEMENT POLICIES
ILLEGAL PRACTICES
41
ILLEGAL PRACTICES
1. ARE ALL MALAYSIA’S TIMBER EXPORTS TO THE GLOBAL MARKET PLACE
TRACEABLE THROUGH LEGAL PRACTICES?
Malaysia has a comprehensive forest management system
to ensure that the timber industry is managed responsibly
in line with SFM best practices. With due diligence and
careful documentation and use of evolved systems, each log
produced can be traced to its original stump or at least to
the forest of origin. Steps to further enhance verifiability for
legality of source includes progressing towards 100% treetagging and computer tracking under a mandatory Chain-ofCustody scheme.
42
Effective enforcement systems are installed to ensure that
Malaysia’s forest agencies are supported by the Police and
Customs Department to eradicate illegal forest practices.
All these procedures enhance the legality of Malaysia’s
sustainable forest management practices.
ILLEGAL PRACTICES
2. IS MALAYSIA COOPERATING WITH INDONESIA IN ADDRESSING ISSUES LIKE
ILLEGAL LOGGING AND SMUGGLING OF TIMBER? WHAT ARE MALAYSIA’S
ENFORCEMENT MEASURES TO HANDLE SUCH ISSUES?
Cross-border trade between Malaysia and Indonesia is
regulated through two bilateral agreements – the Border
Crossing Agreement and the Border Trade Agreement 1967.
Sawn timber from Indonesia is allowed to be imported into
Malaysia only after the prescribed documents are produced
for review. In Sarawak, entry is restricted to five designated
check-points i.e., Tebedu, Biawak, Lubok Antu, Batu Lintang
and Sematan. Logs from other countries, however, can be
freely imported into Malaysia by licensed importers provided
they originate from bona fide souces.
Any country sharing a common border with another country
would have practical issues surrounding effective crossborder policing, legal trade and security. In Borneo, for
example, the Malaysian states of Sarawak and Sabah share a
long common border with the Indonesian state of Kalimantan,
where boundary markings are ambiguous and sometimes
represented simply by stones.
Nevertheless, Malaysia and Indonesia have enjoyed a long
bilateral working relationship through proactive institutional
cooperation to reduce or eliminate illegal trade in timber. This
government-to-government cooperation involves, among
others, joint operations between the two countries’ customs
authorities. Both countries participate actively in bilateral
and regional meetings such as the Pan-ASEAN Timber
Certification Initiative. Malaysia and Indonesia’s respective
Ministries of Forestry and relevant authorities also hold
regular dialogues on the timber trade and related matters.
Clamping down on the import of illegal logs from other
countries requires committed inter-governmental cooperation
and Malaysia has taken a number of unilateral as well as
multilateral steps to curb this problem. In 2002, Malaysia
imposed a total ban on the import of Indonesian round logs.
In 2003, the ban was expanded to encompass squared logs.
Backed by stringent enforcement and strict penalties, in 2003
alone, there were 40 seizures of illegal Indonesian logs in
Peninsular Malaysia, 48 in Sabah and 32 in Sarawak.
Over the years, Malaysia has also improved its surveillance
systems by establishing state-wide forestry enforcement
teams to patrol sensitive areas by road and air, in collaboration
with the Malaysian Police, Customs and Armed Forces.
Malaysia is a global player and major producer of timber
and timber products, producing more than she consumes.
In 2008, her exports of major timber products totalled 12.2
million cubic metres . Malaysia imports timber raw materials
from, among others, Australia, Canada, European countries,
Indonesia, New Zealand, Papua New Guinea and USA to
augment domestic supply.
While it is not possible to claim zero illegal trading, Malaysia
is confident of its systems, policies and procedures which
collectively enable the various forestry agencies to check on
and verify the legality of timbers arriving from other countries,
especially logs whose import conditions are more stringent.
Entry into the country is only allowed upon the presentation
of valid documents, authentic certificates of origin and other
relevant papers.
3. HOW IS THE TRADE OF RAMIN WHICH IS A HIGHLY PROTECTED SPECIES
ADMINISTERED?
In 2001, Indonesia placed Ramin on the CITES Appendix III
to ensure protection of the species and to impose an export
ban on the timber. And Malaysia, in its efforts to enhance
transparency and communications with all stakeholders,
initiated a Tri-National Task Force on Trade of Ramin between
herself, Indonesia and Singapore. The Task Force has since
then met three times to devise an Action Plan.
The Terms of Reference for the Task Force include
enhancing information, data-sharing and monitoring of
CITES implementation by the three countries regarding the
trade of Ramin. Malaysia has conducted courses on Ramin
identification for customs officers in the Task Force to build
enforcement capacity in line with its proposed Action Plan.
When Ramin was uplisted to Appendix II of CITES in October
2004, Malaysia in January 2005, defined and implemented
procedures, stringent measures for trade control. In addition,
Malaysia hosted an ITTO experts meeting in May 2006 on the
effective implementation of the CITES decision to list Ramin
on Appendix II.
43
ILLEGAL PRACTICES
4. WHAT HAPPENS TO SMUGGLED
CONFISCATED IN MALAYSIA?
The steps taken by the Malaysian authorities to deter
smuggling in Ramin include:
•
Consulting the authorities of the originating country
on the repatriation of such consignments, which are
invariably refused, as there is unwillingness to pay for the
return of such consignments. Malaysian authorities have
been requested to “dispose the cargoes as they see fit”.
Smuggled Ramin logs being seized in Johor in 2004.
44
RAMIN
•
TIMBER
WHICH
HAS
BEEN
Auctioning the seized timber. However, in doing so, the
Malaysian authorities are often accused of “legalizing”
illegal timber trade. The disposal of seized goods
remains a dilemma, and seldom justifies the manpower,
storage, and transport costs. Untreated Ramin timber
deteriorates very quickly and is worth little at auction.
Dumping or burning, as has been suggested by some
parties, are also not viable options.
SUSTAINABILITY
New Straits Times, 8 August 2003
New Straits Times, 3 March 2004
Malay Mail, 6 February 2004
45
ACKNOWLEDGEMENT
This paper represents the collective inputs from the following agencies:
•
•
•
•
•
•
•
Forestry Department Peninsular Malaysia (FDPM) http://www.forestry.gov.my/
Sabah Forestry Department (Sabah FD) http://www.forest.sabah.gov.my/
Sarawak Forest Department (Sarawak FD) http://www.forestry.sarawak.gov.my/
Sarawak Forestry Corporation (SFC) http://www.sarawakforestry.com/
Malaysian Timber Industry Board (MTIB) http://www.mtib.gov.my/
Sarawak Timber Industry Development Corporation (STIDC) http://www.sarawaktimber.org.my/
Malaysian Timber Certification Council (MTCC) http://www.mtcc.com.my/
BIBLIOGRAPHY
Wells, A. (2006). Country Case Study 8 Systems for Verification of Legality in the Forest Sector, Malaysia: Domestic Timber
Production and Timber Imports
Reza Azmi et al “Malaysian Rainforests National Heritage, Our Treasure, Ministry of Primary Industries Malaysia, January 2004
Wood Resources International & Seneca Creek Associates, “Illegal” Logging and Global Wood Markets: The Competitive
Impacts on the U.S. Wood Products Industry, November 2004
UK TTF, NTTA & MTC, Changing International Markets for Timber – What Malaysian Producers Can Do, Briefing Pack
for Timber Trade Forums in Kuala Lumpur, Kuching & Kota Kinabalu, January 2007
Shaharuddin Mohd Ismail, The Evolution & Development of Sustainable Forest Management in Malaysia, April 2001
ITTO (2005) Status of Tropical Forest Management 2005
Mohd Nizam Basiron, Malaysia: Status of Implementation of International, Regional, Sub-Regional and Bilateral Treaties Related
to the Protection of the Marine Environment in the South China Sea, , Centre for Coastal and Marine Environment
Maritime Institute of Malaysia, May 2004
Pilot 2006 Environmental Performance Index Report, Yale Center for Environmental Law & Policy & Center for International
Earth Science Information Network (CIESIN), Columbia University, January 2006
A Partnership For Nature And The Environment, the Malaysia-Denmark collaboration for sustainable development,
2002 Economic Planning Unit, Prime Minister’s Department, Putrajaya and DANIDA, 2002
Rusli Mohd & Amat Ramsa Yaman, Overview of Forest Law Enforcement in Peninsular Malaysia, World Bank & WWF-Malaysia,
March 2001
Jay Blakeney, Overview of Forest Law Enforcement in East Malaysia, World Bank & WWF-Malaysia, March 2001
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Eight Selected Species for Forest Plantation Programme in Malaysia, Malaysian Timber Industry Board, 2007
LIST OF ABBREVIATIONS
AND ACRONYMS
AAC
Annual Allowable Cut
C&I
Criteria & Indicators
CITES
Convention on International Trade in Endangered Species of Wild Fauna and Flora
CPET
Central Point of Expertise on Timber, UK
CMSTFM
Criteria for the Measurement of Sustainable Tropical Forest Management
COC
Chain of Custody
DEFRA
Department of Environment, Food & Rural Affairs, UK
ESA
Environmentally Sensitive Area
FDPM
Forestry Department Peninsular Malaysia
FD SARAWAK
Forest Department Sarawak
FMP
Forest Management Plan
FMU
Forest Management Unit
FSC
Forest Stewardship Council
GRA
Genetic Resources Area
GIS
Geographic Information System
GTZ
German Agency for Technical Cooperation
HCVF
High Conservation Value Forest
ITTO
International Tropical Timber Organisation
LSS
Large Scantlings and Squares
MC&I
Malaysian Criteria & Indicators for Sustainable Forest Management
MTC
Malaysian Timber Council
MTCC
Malaysian Timber Certification Council
MTIB
Malaysian Timber Industry Board
NFA
Natioanl Forestry Act
NFC
National Forestry Council
NFP
National Forestry Policy
NLC National Land Council
NPP
National Physical Plan
NSC National Steering Committee
PEFC
Programme for the Endorsement of Forest Certification Schemes (formerly Pan-European Forest Certification)
PFE
Permanent Forest Estates
PRF
Permanent Reserved Forest
RIL
Reduced Impact Logging
Sabah FDSabah Forestry Department
SFC
Sarawak Forestry Corporation
SBCP
Sabah Biodiversity Conservation Project
SFM
Sustainable Forest Management
SMS
Selective Management System
SPV
Special Purpose Vehicle
TPA
Totally Protected Area
STIDC
Sarawak Timber Industry Development Corporation
UNFCCC
United Nations Framework Convention on Climate Change
VJR
Virgin Jungle Reserve