A recent publication by the Washington-based NGO Forest Trends, for example, reveals that almost half of all tropical deforestation linked to commercial agriculture takes place illegally, a situation that is particularly widespread in the export market.

The demand for products like beef, leather, timber, soy and palm oil from markets like the EU, the US and China, resulted in the loss of more than 200,000 square kilometres of tropical forest between 2000 and 2013.

Michael Jenkins, President and CEO of Forest Trends, said in a press release that:
“Increased agricultural production will be necessary for food security and to meet the demand of the emerging global middle class.

“However, the world must also wake up to the scale of how much of this agricultural production is taking place on land that has been illegally cleared.

“Urgent action is needed to help countries where these agricultural products are being grown, both for governments to enforce their own laws and regulations, and for businesses aiming to produce commodities legally and sustainably."

But there are already numerous initiatives to counteract the impact of deforestation, varying from voluntary mechanisms, which rely on the “goodwill” of the consumer, to various legal frameworks.

This month, for example, marks the 20th anniversary of the world’s oldest forest certification scheme, the Forest Stewardship Council (FSC).

And in terms of national legislation, this November, a landmark Australian law to reduce the trade in illegal timber will come into force.

Certification

Twenty years ago, in a small office in Oaxaca, Mexico, three FSC staff members started to certify forests.

The idea behind the FSC logo was to improve standards in the forestry sector by rewarding good businesses practices.

But two decades later, vast sections of the timber supply chain are still tainted by illegality and deforestation.

Furthermore, despite numerous success stories, the credibility of the FSC logo has been questioned.

There have been complaints by civil society groups that not all FSC-certified products are responsibly sourced.

Global Witness recently lodged a formal complaint with the FSC, arguing that one of their certified partners in Vietnam was driving a wave of land and forest grabs in Cambodia and Laos.

The FSC system seems to have loopholes. Nonetheless, some improvements are on the way.

John Hontelez, Chief Advocacy Officer at FSC, recently told Equal Times that “FSC does not consider its current chain of custody scheme as being perfect. That is why FSC is revising its standards at the moment”.

Earlier this month, Greenpeace reported from the FSC 20th anniversary conference in Seville, Spain that FSC has recognised the need to protect Intact Forest Landscapes, particularly to supply overseas markets.

And in addition to non-binding private initiatives such as the work undertaken by FSC, public bodies have also endeavoured to reduce trade in illegal timber.

“Know your supply chains”

In the European Union, the United States and Australia, laws are in place to forbid companies to place illegal timber on their markets. Companies are obliged to control their supply chains and ensure they have not bought illegal timber.

Rachel Butler, who represented timber industry during the negotiations on the European Union Timber Regulation before it was adopted in 2010, has observed that “the law has put an onus on timber businesses to understand and know their supply chains, which, in a commercially competitive market, makes good business sense.”

Yet, Greenpeace recently accused the UK high street building supply store Jewson of selling Ipe wood from Para state in Brazil without being able to provide that it had been logged illegally.

Laws do not always change practices immediately. But they can be instrumental in putting more pressure on companies to take responsibility for what happens in their supply chains.

For instance, in August 2012 the US Department of Justice (DOJ) demanded Gibson Guitar Corporation pay over US$600,000 in penalties, on charges including the forfeiture of illegally imported rare wood from the protected forests of Madagascar.

Since this judgement, Gibson guitars has implemented a responsible purchasing policy, with staff members directly contracted in producing countries to ensure Gibson only purchases legal timber.

Emily Unwin, a lawyer for the NGO ClientEarth, told Equal Times: “While more needs to be done to make the EU, US and Australian laws work as they should, their introduction has led to greater scrutiny and clearer communication of the various risks of illegality in timber supply chains. And that is a first step to effectively halting the trade of illegal timber.”

Enforcement is critical to ensure the laws do reduce illegal timber trade. And so is evidence.

Buyers need to be able to rely on documents, with the certainty they have not been forged. While weak law enforcement in forested countries remains a problem, this is impossible.

Witnesses of illegal logging are also a crucial component to ensure the timber supply chain is not tainted by illegality.

Unfortunately, activists have been the target of armed violence for many years. This month, the Peruvian indigenous leader Edwin Chota, who had filed a complaint this April identifying illegal loggers by name, was murdered.

This is a strong reminder that law enforcement and adherence to human rights are crucial prerequisites to reduce illegal logging effectively.