Case study: Social aspects in the pilot project of Jurisdictional Certification in the Ecuadorian Amazon: An initial approach

This report (available in English and Spanish) aims to provide some inputs into the process of building Roundtable on Sustainable Palm Oil (RSPO) Jurisdictional Certification, using a rights-based perspective and based on the specific pilot case of the Ecuadorian Amazon. The report analyses the approach and implementation of the pilot project for the Jurisdictional Certification of the Ecuadorian Amazon (CJAE - Spanish abbreviation), with a focus on social aspects. In particular, this assessment gives emphasis to how the pilot CJAE has treated land and resources rights; participation; free, prior and informed consent (FPIC) and consultation; as well as compliance, governance and grievance systems for the programme.

The findings and lessons included in this study draw from the two stages that have been identified in the development of the pilot project to date: i) 2017-2018: a start-up phase with concrete progress made in establishing the institutional and strategic framework (mainly with the creation of the Interinstitutional Steering Committee for Sustainable Palm Oil (CISPS - Spanish abbreviation)), and strategic planning with principles, objectives and an action plan); and ii) 2019: a year focused on the initial implementation of the plan, through consultancies undertaken for different activities, and early outreach to actors located in the Amazonian jurisdiction.

Findings

In general, while the principles, objectives, and action plan of the CISPS include social aspects that are balanced with environmental and productive dimensions, the development of this entity’s structure is not so well balanced. As expressed through concerns raised by several members during the interviews, during the implementation phase, actions were prioritised to focus more on productive goals than on social aspects. To explore the balance between these dimensions, the report includes an analysis of the following sub-themes:

Governance. The highest governance body of the CJAE is the Inter-institutional Steering Committee for Sustainable Palm (CISPS), which, despite having a representation of government, private sector and civil society, lacks perspectives and representation from more socially focused actors.

Land tenure and access to resources. There are two main problems in the areas where the pilot is taking place: i) the accumulation of land in the hands of two companies in the (Amazonian) provinces of Orellana and Sucumbíos; and ii) the growing conflicts over land invasions and land trafficking in the jurisdiction, which are the result of pressures on indigenous territories from settlers and members of communities that sell their land to palm growers and then go on to invade new lands.

Free, prior and informed consent. Ecuador has a National Consultation Guide for the Implementation of REDD+ Actions in Collective Lands or Territories, which defines the requirements and process to be followed in the case of implementation of REDD+ actions in collective and indigenous territories (including FPIC). However, the guide’s adaptation and implementation of specific FPIC actions related to the CJAE pilot has not yet been carried out. The Consultation Guide for REDD+ actions leaves out communities that do not have legal recognition and formal title to their lands, which would directly affect their right to free, prior, and informed consent.

Complaints Mechanism. In the framework of compliance with REDD+ safeguards, there is a technical proposal of the complaints mechanism that is currently still in a pilot phase. This mechanism aims to enable the main stakeholders of REDD+ actions and citizens in general to present concerns to the REDD+ programme's decision makers, so that rapid and efficient response mechanisms can be established, and major conflicts arising from its implementation can be reduced or prevented. Given that the CJAE pilot project is one of the actions included in PROAmazonía—a government-led, GEF- and GCF sponsored program to ensure sustainable production in Ecuador –and REDD+, the proposed mechanism would include all stakeholders in the oil palm chain involved in the certification process. Despite this, no particular analysis has been generated in relation to the requirements of the RSPO standard (grievance procedures needed and/or required for same).

RSPO National Interpretation (N) By the time this report was finished, the National Interpretation process had not yet started. The main task of this process will be to analyse agreements and disconnects between national legislation and the RSPO standard, and to agree on approaches to ensure the implementation of the higher standards, including the case of the RSPO FPIC standard.

Recommendations

• It is recommended that the CISPS, as the highest governance body, integrates the Ombudsman's Office (Defensoría del pueblo), NGOs, or groups specialising in social issues, organisations representing affected populations, indigenous and Afro descendant peoples, and small producers’ unions. In addition to strengthening its conformation, within the framework of the CISPS, the character, manner of operation, and relationship with the producers in the jurisdiction and the CJAE Jurisdictional Entity must be defined as a priority.
• It is recommended to establish a relationship with the REDD+ Working Group, which is likely to become an instance of citizen oversight. An oversight working group for jurisdictional certification in the Amazon might be set up within the REDD+ space, especially to deal with matters such as FPIC and complaint mechanisms, among other topics.
• It is essential that the State guarantees the security of land tenure and ensures the prevention of land encroachment, by strengthening the processes and mechanisms of legalisation, ordering, and demarcation of indigenous lands. Specifically, the CJAE project could support land and territory regularisation processes for indigenous communities in the area of influence, as has already been planned for small palm producers.
• It is urgent to determine the extent to which local communities will be subject to the processes of free, prior and informed consent, in order to guarantee the exercise of indigenous rights in the areas of direct and indirect influence of the plantations. In the same way, it is necessary to establish the FPIC procedure and its scope, which are required for Jurisdictional Certification. Similarly, it is important to define the role of the Jurisdictional Entity (JE), which is expected to be the actor overseeing the certification, as well as the degree of representation included and procedures for affected smallholders and actors who do not wish to be included in the certification. It is also important to establish the necessary monitoring mechanisms of the agreements reached.
• It is important to establish a specific complaint mechanism for the CJAE that is harmonised with the REDD+ complaint mechanism. This would imply the creation of a body separate from the Jurisdictional Entity (JE) in order to avoid conflicts of interest and guarantee independence, and the development of all basic aspects of operation, comprehensive security, and response. Likewise, its correct and timely use will depend on the generation of capacities, knowledge and access to information on the RSPO, CJAE and human rights, by the different actors in the chain, including indigenous peoples and indigenous nationalities, and citizens in general.
• The process of National Interpretation in Ecuador should be inclusive and involve from the outset key actors in the region and in the field of human rights and gender. This will require a previous process of explanation with adequate (public outreach) material, sharing of the Principles and Criteria of the RSPO (2018) and the promotion of a territorial approach.
• In a context of increasing violence, attacks and harassment of environmental defenders in Latin America, the ratification of the Escazú Agreement (a landmark 2018 treaty that seeks to protect environmental human rights in the region), which is currently under analysis in the National Assembly, will be of great importance.

English and Spanish versions are available

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