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Human Rights Violations Connected with Deforestation – Emerging and Diverging Approaches to Human Rights Due Diligence

Published online by Cambridge University Press:  17 January 2023

Anouska Perram Open the ORCID record for Anouska Perram [Opens in a new window]  and
Norman Jiwan
Anouska Perram*
Affiliation:
Forest Peoples Programme (www.forestpeoples.org)
Norman Jiwan
Affiliation:
Indigenous Kerambai Dayak from West Kalimantan, Indonesia. Norman is a long-term social justice advocate and has previously worked with a range of civil society organizations in Indonesia. He is an Associate of Forest Peoples Programme (https://www.forestpeoples.org/en/about/FPP-UK).
*
*Corresponding author. Email: anouska@forestpeoples.org
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Extract

As the climate and biodiversity crises gain unprecedented attention, many governments across the global north are taking legislative steps to address deforestation in supply chains linked to their domestic consumption or commercial activities, among them, the United Kingdom (UK) and the European Union (EU).1

Keywords

DeforestationDue diligenceLand rightsResponsible disengagementIndigenous Peoples
Type
Developments in the Field
Information
Business and Human Rights Journal , Volume 8 , Issue 1 , February 2023 , pp. 110 - 114
Copyright
© Forest Peoples Programme and the Author(s), 2023. Published by Cambridge University Press

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References

1 The US is also considering a product-based illegal deforestation bill, notably the Schatz Bill. It bears some similarities to the legislation discussed here, but this article will not describe it in detail for reasons of space.

2 Although not the focus of this piece, labour rights violations in commodity production are also common – often linked for example to the use of vulnerable migrant workers, child labour, or the exploitation of communities who have been dispossessed of lands, resources and livelihoods: see, e.g., The Prakarsa, Labour Rights Violations in Oil Palm Plantations: Case Study in West Kalimantan and Central Sulawesi (Jakarta: The Prakarsa, 2021)Google Scholar.

3 For example, the Roundtable on Sustainable Palm Oil, the Forest Stewardship Council and the Accountability Framework Initiative.

4 Global Resource Initiative, Final Recommendations Report, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/881395/global-resource-initiative.pdf (accessed 30 November 2022).

5 Environment Act 2021 (UK), Schedule 17, paragraph 2(4)(a) and (b).

6 Perram, A, ‘Preventing human Rights Violations Associated with Deforestation: Why National Law is not Enough’ (Moreton-in-Marsh: Forest Peoples Programme, 2022)Google Scholar.

7 UNGPs Principle 19 and commentary.

8 See, e.g., SOMO, Should I Stay or Should I Go?: Exploring the Role of Disengagement in Human Rights Due Diligence (Amsterdam: SOMO, 2016)Google Scholar.

9 See, e.g., Jenny Wiggins, ‘Unilever Cuts Palm Oil Ties Over Environment Fears’, Financial Times (11 December 2009), https://www.ft.com/content/6e3bb462-e655-11de-bcbe-00144feab49a; Fakhar Ali, ‘Palm Oil Giant Wilmar Stops Buying From Suppliers Accused in Greenpeace Report’, S&P Global (26 June 2018), https://www.spglobal.com/marketintelligence/en/news-insights/trending/vtal_frbb8j6lv8slcsiag2; Michael Taylor, ‘Norway’s Wealth Fund Ditches 33 Palm Oil Firms Over Deforestation’, Reuters (28 February 2019), https://www.reuters.com/article/us-norway-pension-palmoil-idUSKCN1QH1MR.

10 Merten, Jennifer et al, ‘Expanding Oil Palm Cultivation in Indonesia: Changing Local Water Cycles Raises Risks of Droughts and Floods’ (Bonn: German Development Institute: 2017)Google Scholar.

11 See, e.g., TRASE, ‘Strengthening the EU Regulation on Deforestation-Free Products’ (March 2022), https://insights.trase.earth/insights/strengthening-the-eu-regulation-on-deforestation-free-products/ (accessed 2 December 2022).

12 Grant Rosoman, ‘Drive for Restoration and Remedy Behind Some NGOs’ Cautious Support for FSC Changes’, Mongabay (21 October 2022), https://news.mongabay.com/2022/10/drive-for-restoration-and-remedy-behind-ngo-cautious-support-for-fsc-changes-commentary/ (accessed 1 December 2022).

13 Gemma Tillack, ‘The Forest Stewardship Council Risks its Reputation’ (26 October 2022), https://www.ran.org/the-understory/the-fsc-risks-its-reputation/ (accessed 1 December 2022).