GPSNR supports the inclusion of smallholder farmers in EU natural rubber supply chains, and affirms their customary and native land use rights

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Smallholder farmers are key stakeholders in natural rubber supply chains accounting for 85% of global supply, and enabling the resilience and sustainability of the value chain. However, smallholder farmers are the most vulnerable to major changes in the economic and regulatory landscape. Their vulnerability is heightened by the fact that many smallholders lack formal land documentation. Fortunately, many rubber producing countries are progressively implementing land tenure formalization programmes for smallholders but they undoubtedly will take significant amounts of time to fully implement.

The Global Platform for Sustainable Natural Rubber (GPSNR) supports the intent and implementation of the EU Regulation on Deforestation-free products (EUDR), and considers it a bold and necessary step to addressing deforestation, human rights violations, and illegality in commodity production, including natural rubber. However, it is key that its implementation ensures the continued inclusion and support of smallholders in EU supply chains.

GPSNR includes more than 200 smallholder farmers from 12 countries in its membership and has heard their concerns regarding the potential unintended consequences of the law.

As reflected in its Policy Framework, GPSNR is committed to recognise and protect the customary, traditional and communal land tenure and use rights of Indigenous People and local communities (IPLC), including smallholder farmers who have such rights, even in cases where they are not formalised yet in the legal system of the country in which they reside.

In view of supporting the inclusion of smallholders in EU supply chains, while ensuring due diligence against illegality, the GPSNR requests the European Commission provide additional EUDR guidance to competent national authorities regarding how to effectively check that operators and traders have conducted sufficient due diligence to determine the legality of commodities falling within the scope of the Regulation considering the mosaic of native and customary land rights arrangements found on smallholder farms around the world. Examples of how this could be achieved might include: 

  •  The creation of a shared information system amongst competent national authorities to assess the practical state of producing countries’ efforts to document and formalize recognition of customary land tenure arrangements for smallholder farmers;

     

  • Work with producer country governments to identify prevalence of customary tenure.

     

  • Providing practical guidance to EU competent authorities and regulated companies on:

     

    o How to robustly assess and map the customary land title claims in each country to ensure smallholders are not cut out of supply chains before formal land registries are created and protect the right to self-determination of IPLCs who do not wish to engage in land title formalisation even if it becomes available. 

    o In countries where formalization of land tenure is still under development, prioritize assessment of legality to establish that commodities placed on the market do not originate from land that has been occupied or acquired in violation of national land laws or customary tenure arrangements (i.e., through a “land grab”); through dispossession or abuse of the rights of vulnerable members of a population by elites; or which is located within prohibited areas such as national parks, wildlife reserves, or other protected areas, or from other restricted use areas.

    o Specifics on the types of documentation to collect to substantiate the rights (formal or customary) of smallholder farmers to use land parcels for the production of the relevant commodity. This could include documentation recognized by local authorities, or other evidence of locally recognized land tenure, and evidence that key regulatory bodies in producing countries have indicated general acceptance that smallholder farmers cultivating land under customary and/or communal land tenure arrangements may legally produce and sell rubber (this may be explicit – e.g., through a license – or implicit, e.g. through the provision of official extension support, credit schemes, or marketing assistance to registered smallholders);

We call the Commission and other EU and national institutions for a joint effort to enable smallholder farmer organizations to meet EUDR compliance; and proactively work with the producing countries to address potentially conflicting national laws, issues of inadequate law enforcement and corruption, and provide support to producing countries to tackle these issues and empower smallholders to maintain access to EU markets. GPSNR commits to support just transitions to secure forms of land tenure. We will collaborate with members to enhance capacity in land tenure and support programs facilitating smallholders’ access to formal land documentation where applicable.

Finally, we wish to clarify that the above proposals are in no way intended to avoid compliance by GPSNR operators and traders purchasing and selling natural rubber products covered under the scope of the Regulation. Rather, they are designed to support and enhance the position of the six million smallholders in global rubber supply chains to help realize the potential of the law, whilst themselves benefiting from it. These proposals are supported by GPSNR’s smallholder and civil society representatives, alongside industry members.

The GPSNR Executive Committee has sent this letter to the European Commission for further deliberation. 

More To Explore

News

GPSNR Working Groups Update: January 2021

Strategy and Objectives Working Group

In our December update, we reported that the Working Group would be conducting interviews with the shortlisted candidates who had responded to the Request for Proposal for a study on environmental impacts, and risks, in the natural rubber value chain. The Working Group has since completed their interviews and will soon be making a decision on who to award the contract to.

The refinement of GPSNR’s Theory of Change is also underway, with a planning call having taken place on Monday this week. The call involved nominated representatives  from across all GPSNR’s Working Groups, working to chart the plan for a collaborative effort to refine the Platform’s Theory of Change.

In other news, several Thai smallholders have been onboarded into the Working Group and, after an introductory call with the Co-Chairs,  are now participating in the Working Group calls.

As the Equity Sub-Group prepares to present the living income studies to GPSNR members, more details will be conveyed to members nearer the date.

‘Policy Toolbox’ Working Group

Following the approval of the GPSNR Policy Framework, the Policy Toolbox Working Group will develop Implementation Guidance and future Reporting Requirements as they pertain to the specific policy components in the framework.  

In order to achieve this, a Request for Proposal (RFP) has been posted for a fixed term consultancy to facilitate the development of the Implementation Guidance and Reporting Requirements for each of the three stakeholder categories: natural rubber producers/processors and traders, tire makers and other natural rubber product manufacturers, and auto makers and other end users.  GPSNR members are invited to circulate the RFP to any relevant contacts who might be interested in submitting proposals for this work. The deadline for submission is 5 February 2021.

The Implementation Guidance and Reporting Requirements will vary depending on where a member company sits within the natural rubber supply chain. As such, GPSNR will invite the creation of category focus groups to enable broader participation of members from the three stakeholder categories (although focus groups can also include members from other stakeholder categories). The details on recruitment for these focus groups will be announced sometime next month.

Apart from facilitating the development of category-specific Implementation Guidance by reviewing guidance and requirements from other initiatives, the consultant will also facilitate discussion sessions with the focus groups to finalize the implementation guidance for each stakeholder category.

‘Capacity Building’ Working Group

In 2020, the Working Group proposed national capacity building strategies for four countries as a starting point. Following the Executive Committee’s endorsement of the strategies, the Working Group is embarking on the next step of putting these plans into action on-the-ground. The Working Group is looking for interested members to form National Sub-Groups mandated to oversee, guide and implement the strategies. The Working Group will conduct a webinar in mid February to share the strategies with GPSNR members. Check out our article, ‘From Strategy to Implementation: Next Steps for Capacity Building’ for more on this story.

‘Traceability and Transparency’ Working Group

The two studies around traceability and transparency tools and technology commissioned in 2020 by the Working Group are ready to be shared with GPSNR members. Read our article, ‘Seeing Through to a Solution: Traceability and Transparency Tools and Technology Studies’ for more on this topic.

Smallholder Representation Working Group

The Working Group’s revised Terms of Reference (ToR) was approved by the Executive Committee during its monthly call in January. Under the revised ToR, the Smallholder Representation Working Group has identified two main objectives for its work moving forward: the first, to support the creation of an active smallholder community within GPSNR and the second, to extend the on-boarding of smallholders from rubber producing countries. The Working Group will be planning its activities for the year head, ensuring that they support and contribute towards achieving these new objectives. 

As a start, the Working Group will be looking to onboard smallholder members into the group, as well as facilitate the organization of the next Smallholder Category Call.

News

GPSNR Working Groups Update: October 2024

Assurance Model Task Force: The Executive Committee (EC) has reviewed the Assurance Model documents and approved them to be submitted to the General Assembly for a vote. The EC has also identified several topics that will require further discussion and finalisation next year. These include minimum requirements, the mechanism for third-party oversight of assessor accreditation, the format and content of assessment result disclosures, the process for assigning third-party assessors, claims, refinements to the classification system for major non-conformities, and a risk-based approach to assessment scheduling. These topics will be presented for a vote at the 2025 General Assembly. For further context, here is the link to the compilation of feedback on the Assurance Model documents received since June, along with responses and changes made based on these comments: https://rubberplatform.sharepoint.com/:b:/s/GPSNRMembers/EWLmS86xDkxMtce9wKEuLjwByB6hU_QXrROu_XJ9DuK0kA?e=ZYYike

Additionally, the EC has agreed that the first three years of assessments (2027-2029) will be conducted annually, with mandatory public disclosure of a category-level summary of the assessments, while company-level disclosure will be optional for those being assessed.

 

Smallholders Representation and Capacity Building (SCB) Working Group: 18 members from Ghana were approved this month, with an onboarding call held on 10 October 2024. Additionally, the EC Election Campaign call for smallholders took place on 29 October 2024.

Koltiva submitted the final report for the Indonesia GAP Coaching Project (Phase 2) and delivered a final presentation on 17 October 2024. The third phase of the Indonesia GAP Coaching Project is now underway and is currently in the preparation stage. For the Thailand GAP Coaching Project, Koltiva presented the first full-year project results on 22 October 2024. Meanwhile, RAFs completed training for 1,000 farmers ahead of schedule in the Thailand Agroforestry Project. Furthermore, a curated content list and promotional poster for Rubber Wiki have been created to engage smallholders through the Knowledge Sharing Platform.

Looking ahead, a Pre-GA Webinar for smallholders is scheduled for 18 November 2024, and 10 new Cambodian smallholders have applied for membership and are awaiting approval.

For Capacity Building Projects, SCB WG members are requested to review and provide feedback on the final report for the Indonesia GAP Coaching Project (Phase 2) by 28 October 2024. Koltiva will also submit agricultural calendars and training materials for the third phase of this project for SCB WG review by the same date. For the Thailand GAP Coaching Project, Koltiva is revising the full-year review report based on feedback from SCB WG members. Additionally, the Project Management Subgroup will hold its kick-off meeting on 23 October 2024.

 

Shared Responsibility Working Group: The Shared Investment Panel (SIP) has officially been established following approval from the GPSNR Executive Committee.

The Secretariat is continuing to support the implementation of the Shared Investment Mechanism, with the Project Management Subgroup currently reviewing the proposals received. The SIP will select its co-chairs and plans to hold its kick-off meeting early next month.

Regarding the Value Transfer mechanism, the Executive Committee will form a task force with one representative from each ordinary member category. This task force will work on the next steps to finalise a revised proposal, with the aim to present it at the in-person meeting in February 2025.

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