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. 

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News

GPSNR Working Groups Update: June 2023

Strategy and Objectives Working Group: 

The Traceability pilot field trials for the Risk Subgroup, led by consortiums Agridence and Koltiva, are now in full swing. Agridence provided a midpoint update during the June Hybrid meetings, highlighting their progress thus far.

Looking ahead, the Risk Subgroup is actively strategizing the next steps for ASI’s deliverable on the Risk Assessment Framework. This includes conducting internal piloting and aligning the tool with GPSNR commissioned studies to identify any potential gaps.

In an effort to standardize country levels within the tool, the Risk Subgroup will be issuing a Request for Proposal (RFP) to engage consultants who can contribute their expertise. Furthermore, the Risk Subgroup is in the preliminary stages of discussions with the Basel Institution, exploring a potential collaboration to address corruption risks in the supply chain. 

The Assurance Model Task force will convene to receive updates on the alignment of Key Performance Indicators (KPIs) and the due diligence system, ensuring that progress is being made and objectives are being met. In order to create an Assurance Manual under the Members Progress Model, an RFP will be crafted and sent to consultants. This step aims to gather the necessary input and expertise to develop a comprehensive manual.

 

Smallholders Representation and Capacity Building (SCB) Working Group: 

The Smallholders Policy-Equivalent (SPE) Taskforce has successfully presented the final recommendations to the SCB WG, marking a significant milestone in their work. They are actively working towards obtaining endorsement from the SCB WG for their final recommendations as outlined in the report.

The HCSA-HCVN Field Trials have reached an important stage, with the preliminary final report being submitted for review and assessment. The HCSA-HCVN will soon submit the final report, marking the completion of this endeavor.

In an effort to promote knowledge sharing, the digital Knowledge Sharing Platform (KSP) Taskforce organised a meeting on 24th May 2023 for SCB WG members. The objective was to facilitate a better understanding of the KSP, and the service provider has already begun developing new features for the platform.

The Indonesia National Subgroup has taken the initiative to prepare quarterly progress reports for the GAP Coaching and Disease Fighting projects, providing updates to the SCB WG.

Meanwhile, the Thailand National Subgroup is currently in the process of evaluating proposals received for the Thailand GAP Coaching project. The deadline for proposal submissions is 30th June 2023.

The Agroforestry-Income Diversification Taskforce is working to finalize the schedule of workshops planned for 2023-2024.

Lastly, the SCB WG will continue to oversee all ongoing projects.

 

Policy Toolbox Working Group: 

In order to enhance the reporting process, input has been collected from members through a survey and stakeholder-specific meetings as part of the Year 1 Reporting Review process. The feedback received will play a crucial role in informing revisions to the Reporting Matrix and disclosure requirements for Years 2 and 3, as outlined in the Transparent Reporting Roadmap (TRR). Furthermore, discussions are underway to reach an agreement on the TRR for Year 2 reporting, with the Working Group currently finalizing updates received from the OEMs. To reflect the proposed changes to the reporting matrix, the Reporting Guidance will be updated accordingly, providing clear and comprehensive guidelines for reporting.

The Working Group has carefully selected consultant Petra Westerlaan to propose a quantitative orientation for the reporting matrix. This includes conducting a crosswalk analysis with other established reporting frameworks such as CDP Forest, GRI, and ZSL-SPOTT. The integration of quantification will not only facilitate data aggregation but also simplify the evaluation of annual progress. The consultant’s proposed revisions to the reporting framework will be evaluated and decided upon, and recommendations will be made to improve the reporting process and timelines.

In parallel, the Compliance Panel Terms of Reference (TOR) and operational guidance are being finalized based on the Assurance Model, ensuring a robust framework for ensuring compliance and accountability.

 

Shared Responsibility Working Group: 

During the face-to-face meeting, the Governance and Guiding principles were presented, highlighting their importance in shaping the future direction of GPSNR. Manufacturers are now required to seek internal approval regarding the Governance Framework and subsequently provide a final version for approval to the GPSNR Executive Committee (EC) and General Assembly.

The SR WG is actively engaged in defining an inclusive shared investment framework, encompassing various forms of contribution such as in-kind support, financial contributions, and external funding. The outcomes of discussions at the Manufacturers category level will play a crucial role in shaping this framework.

Collaborating with the Secretariat and other WGs, the SR WG is committed to revamping discussions on data sharing and value transfer, recognizing their significance in achieving our objectives. These discussions will seek to optimize the sharing of data and the value derived from it.

To provide clarity and transparency, the WG aims to define the value and benefits associated with each category within GPSNR, ensuring that all stakeholders are aware of the advantages and opportunities available.

Furthermore, the WG, in collaboration with the Capacity Building WG, is working on developing a protocol to filter and evaluate proposals based on the Equity definition and the stakeholders identified by the EC. This process will ensure fair and comprehensive evaluation of proposals.

Lastly, an open co-chair position is available, and volunteers are welcomed to contribute their expertise and leadership to drive the WG forward. If you are interested in taking on this role, please step forward and join us in this important endeavor.

By establishing effective governance, inclusive investment frameworks, and clear protocols, we are working towards a sustainable and equitable future for the natural rubber industry. Your participation and engagement are vital to our collective success.

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