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

GPSNR Working Groups Update: October 2023

Strategy and Objectives Working Group:

Drafts of the proposed KPIs and Due Diligence System for the platform have been finalised and are now pending further discussions following the expected approval of the Members Journey Model at the 2023 General Assembly. These discussions aim to achieve document finalisation and alignment.

As for the Risk Subgroup Traceability Pilot Field Trials, both consortiums, Agridence and Koltiva, have submitted their final reports and signed off on these projects. They will be presenting the results of the Traceability Pilot Field Trials in an upcoming webinar session open to the public.

Simultaneously, the Risk Subgroup have been gathering and analysing user feedback for the initial version of the Risk Tool.

In the event that the Assurance Model resolution (5b) receives approval, the Assurance Model Task Force is poised to collaborate with ASI in developing GPSNR’s comprehensive Assurance Model. This endeavour will encompass alignment with existing normative documents, member consultation, and pilot testing. Ongoing discussions are currently underway to establish an operational plan and timeline for this initiative.

Furthermore, the Risk Subgroup has embarked on preliminary discussions exploring a potential collaboration with the Basel Institution to investigate corruption risks within the supply chain.

Lastly, the Risk Subgroup is currently awaiting alignment on normative documents by ASI before proceeding with further development of the Risk Tool. This step ensures that the tool complies with the requirements of the Assurance Model.

Smallholders Representation and Capacity Building (SCB) Working Group:

The SCB WG has efficiently organised both national and international calls with smallholder members in preparation for GA2023. To enhance comprehension among smallholder members, the GA Booklet has undergone translation in accessible languages.

In addition, the Thailand Agroforestry subgroup has conducted the first two rounds of coaching sessions for 100 smallholders in Songkhla. Similarly, the Thailand Good Agroforestry Practices (GAP) subgroup has initiated its activities with a kick-off meeting.

On the technological front, the Digital Knowledge Sharing Platform (KSP) task force has convened multiple times to review the developed features, with plans to address bugs and enhance the platform’s functionality. The HCSA-HCVN Field Trial report has received official endorsement.

Looking ahead, the SCB WG will continue to oversee all projects within its purview. The Indonesia subgroup is scheduled to present quarterly reports for all three projects on October 27, 2023. Additionally, a webinar is slated for November 30, 2023, to present the findings of the HCSA-HCVN field trial.

Regarding the Thailand GAP project, GPSNR is in the process of finalising an official joint letter with RAOT. Members interested in joining the Thailand GAP project, specifically in Chiang Rai and Bueng Kan provinces, are encouraged to contact the secretariat for further details.

The KSP task force has plans, including pilot training for smallholders in Indonesia and Thailand, along with soliciting feedback on the Rubber Wiki app.

Lastly, the Income Diversification and Rubber Agroforestry task force is organising its first agroforestry workshop of 2023, set to take place in Cote d’Ivoire at the end of October 2023.

Policy Toolbox Working Group:

The Policy Toolbox Working Group (WG) collected input on the reporting process, utilising surveys and stakeholder-specific meetings as part of the Year 1 reporting review process. This feedback played a critical role in shaping the disclosure requirements for Year 2 reporting data and will also be a central consideration in the forthcoming discussions concerning revisions to the Reporting Requirements (RR) matrix.

The WG, under the guidance of selected consultant Petra Westerlaan, submitted a proposal aimed at making the RR matrix more quantitatively oriented. This proposal is partially based on a crosswalk with other reporting frameworks like CDP Forest, GRI, and ZSL-SPOTT. The shift toward quantification is intended to simplify data aggregation and streamline the assessment of annual progress.

Additionally, Agridence has proposed the development of a digital platform and dashboard for the RR, with a focus on enhancing the process of reporting data collection and aggregation. This proposal received approval from the Executive Committee, and Agridence is slated to commence work in late October 2023.

The disclosure requirements for Year 2 reporting have been approved by WG1 and the Executive Committee, and they will be included as a Resolution for vote at the 2023 General Assembly.

Looking ahead, WG1 is preparing to revise the RR matrix based on Petra’s proposal for a more quantitative framework and in alignment with the Assurance Model. Once approved by the WG, the revised matrix will undergo circulation to the broader membership for consultation with the aim is to secure approval for the revised reporting requirements at an extraordinary General Assembly in early 2024.

Following the approval of the revised reporting requirements, the Policy Toolbox WG will proceed with the development of disclosure requirements for Year 3 reporting.

Shared Responsibility Working Group:

The Governance Framework and In-Kind Contribution components have been integrated into the Assurance Model framework, slated for voting at the 2023 General Assembly. This integration serves as a robust foundation for further discussion, particularly due to its close alignment with the KPIs.

Furthermore, the Governance Framework and In-Kind Contribution Requirements for the Shared Investment Mechanism have reached finalisation and are set for a vote at an extraordinary General Assembly in 2024.

The WG is developing a protocol in collaboration with the SCB WG. This protocol will be used to filter and evaluate proposals based on the Equity definition and stakeholder criteria as defined by the Executive Committee (EC).

Additionally, the Secretariat is in the process of creating operational guidance for the implementation of the Shared Investment Mechanism. This guidance will subsequently be shared with the Working Group.

Lastly, there is currently an open co-chair seat, and we are inviting volunteers to step forward.

News

GPSNR Working Groups Update: January-February 2023

The strategy and objectives working group

Both the subworking groups under the umbrella of the Strategy and Objectives WG are occupied with some critical milestones. The Risk Subgroup would soon be receiving the final draft for the risk assessment framework by ASI, which it will fine-tune based on the feedback received during the meetings in Singapore and online at the end of January. They are also kickstarting the traceability field trials in Indonesia and Thailand, for which they will soon start evaluating proposals, while hosting some members webinars on different traceability tools available in the market. 

On the other hand, the Assurance Model taskforce is streamlining the category specific KPIs along with the members journey/assurance model blueprint that was finalised during the latest hybrid meetings. You can find more context in the minutes here or reach out for questions on info@gpsnr.org.

The smallholder representation working group: 

Along with the work on the smallholder policy equivalent for which the WG has already sent out an all-member survey and initiating the HCSA-HCVN NR Smallholder Toolkit Field Trials, they are preparing for the decided merger with the capacity building working group. More details on how this will play out can be found here

The policy toolbox working group: 

The group is working on a tender to Crosswalk RR framework with CDP Forest and GRI Reporting, while aligning with the Assurance Model taskforce on the KPI on due diligence. 

The capacity building working group: 

The group is overseeing the pilot agroforestry project in Thailand that kicked off last December, as well as ongoing GAP coaching and disease fighting projects in Indonesia. The group is also working with the newly appointed consultants at Koltiva for the pilot Knowledge Sharing Platform for smallholders. Along with working with the smallholder representation working group on the merger, they continue their tasks of overseeing existing field projects, seeking members’ funding for projects in Côte d’Ivoire and Indonesia.. 

The shared responsibility working group: 

As per the decisions taken on the next steps during the hybrid meetings in January-February, the group is working with the Tiremaker category on streamlining a proposal on shared investment while also completing the deliverables on the other pillars. They are also aligning with the Assurance Model taskforce on how the KPIs will integrate into the Shared Investment mechanism. 

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