¶ Marketing of Forest Products
It is the responsibility of every forest manager to promote the wider sustainable use of wood and non-wood-products in their area.
Instruction 300: Each FMI shall allocate the function of marketing forest products to one of the staff, who will be evaluated against this aspect of their job description during the annual staff performance appraisal (Section 9.3.13). Core content of the function will include:
a) Educating the public about correct ways of using forest products
b) Developing detailed protocols for harvesting and processing of different forest products
c) Providing technical guidance to stakeholders to enable them deal in certified forest products e.g., chain of custody, grading, treatment, etc.
d) Aggregating wood products from different species, but which have common properties so that they can be marketed together
e) Providing technical guidance to stakeholders to improve value addition in forest industries
f) Providing technical guidance to those who export processed forest products
g) Liaising with institutions engaged in forest products training and research
¶ Prospects for Timber Export
Whereas there is adequate domestic market, timber plantations established and managed through strict quality practices (e.g. those certified by FSC) cannot profitably compete with timber from plantations that are not quality-assured/ managed. Therefore, the certified plantation owners would like to export to the regional and international markets. To this end, a number of national and international instruments govern export of timber as summarised hereunder:
Instruction 301: Export of forest products shall be done in accordance with the Forestry Act, the associated Forestry Regulations, and the national and international standards established.
¶ Forest Products Chain of Custody Certification
¶ FSC Chain of Custody
This section is based on the FSC Chain of Custody (CoC) Certification Standard. CoC traces forest products from the forest to the point where the product is sold, or where processing is finished and the product labelled. The product progresses through a number of stages in the supply chain, often involving changes in product ownership. FSC CoC certification provides credible assurance that products which are sold with an FSC claim originate from well-managed forests, controlled sources, reclaimed materials, or a mixture of these[7].
Instruction 302: Organisations wishing to have their CoC formally certified may do it using the FSC Chain of Custody Certification Standard.
Instruction 303: There are other forest management institutions which may seek to prove to their customers that they deal in products that originate from well managed forests, but without an FSC claim. For that purpose, MWE shall issue a National CoC Guide which sets out indicators that cover, among others:
(i) Forest management systems that effectively prevent:
• Illegal harvesting and trade in forest products
• Violation of traditional and human rights in its forestry operations
• Destruction of high conservation values in its forestry operations;
• Significant conversion of natural forests to plantations or non-forest use;
• Introduction of genetically modified organisms in forestry operations;
• Violation of any of the ILO Core Conventions, as defined in the ILO Declaration on Fundamental Principles and Rights at Work, 1998
(ii) Implementing procedures for maintaining occupational health and safety in its operations
(iii) Put in place a procedure for receiving and dealing with complaints regarding its compliance with the CoC Certification Standard
(iv) Put in place procedures to ensure that any non-conforming products are identified and controlled to prevent their unintended sale and delivery
(v) Put in place a system that records the required information about all the entities supplying the materials used for product groups
(vi) Put in place a system for segregating non-eligible materials so they do not enter the product groups
(vii) Put in place sales documents that include all the specified information
(viii) Ensured that its products conform to all applicable timber legality legislation
Instruction 304: Compliance with the guide shall be verified by an independent entity chosen from a pre-qualified list put together by the Ministry responsible for forestry. The Ministry shall then issue a Certificate of Compliance upon recommendation of the independent entity. The forest management institution shall meet all the costs of the evaluation
¶ Verifying the Legal Status of Forest Produces
Under the National Forestry and Tree Planting Act, 2003, it is a legal requirement that forests are managed in accordance with generally accepted principles of SFM. One of the basic principles to this effect is harvesting primary forest products in a legally accepted manner. As a result, many consumers would like to see that the legality of the primary products they buy on the market can be verified independently.
On the other hand, Uganda’s economy is increasingly becoming private sector-led. Companies with an image to protect will increasingly become selective regarding the legality of the forest produce they buy, especially those from natural forests. Therefore, suppliers who can guarantee the legality of their primary forest products, without necessarily going through the globally recognised CoC certification process will likely enjoy a niche market, at least for the period before everybody catches on.
Instruction 305: The legal status of specific tradable forest products should be verified using the following checklist:
• The product is harvested by a legally authorised entity
• The entity has been authorised by the forest owner, and has a legal document to this effect
• The source forest must have an FMP prepared in accordance with Section 28 of the Forestry Act
• Where the forest has been zoned for biodiversity, the production zone has been clearly demarcated according to the provisions of the Forest Nature Conservation Master Plan, 2003
• Harvesting of the produce has been licensed in accordance with Section 41 of the Forestry Act, and Regulation 90 of the Forestry Regulations
• There is evidence of payment of the requisite fees and taxes
• Harvesting operations are carried out according to the legal provisions of the National Environment Act (2019), Employment Act (2006), The Land Act (1998), Compulsory Land Acquisition Act (1965), The LG Act (1997), relevant LG byelaws, and other laws in Uganda relating to the environment and natural resources
• More details regarding timber from CFRs are provided in the Guidelines for Verification of Legal Sources of Timber, 2007[8].
• The product shall have a certificate of compliance with the national CoC Guide (Section 4.4.2)
Instruction 306: The MWE shall set up a Due Diligence Committee to put in place a Due Diligence System that will verify the legal nature of primary forest products on the market. The system shall include, among others:
• Setting up a system for due diligence and issuance of certificates of compliance by independent verifiers
• Carrying out spot checks to ensure the veracity of the system
Instruction 307: This system shall also be part and parcel of the CoC for secondary (value added) forest products.
¶ Monitoring the Legal Movement of Timber
(i) Timber from NFA Plantations
The current practice is outlined below:
a) An inventory is done to establish the standing volume. PSPs are used for this where they exist. Otherwise, temporary sample plots are used for a rapid assessment of the plantation (Sections 3.5.3 and 4.2)
b) A harvesting plan for the plantation is prepared showing the species per compartment, the age of the crop, the condition of the crop, standing volume, the volume that can be harvested, and the year (Section 4.2.2)
c) Every year, demarcation of felling coupes with small volumes for disposal by public auction in accordance with PPDA Regulations and Guidelines is done (Section 4.2.2)
d) Successful bidders harvest their coupes under the supervision on NFA
e) NFA issues a Forest Produce Declaration Form the timber
f) On confirmation that the timber has been legally harvested from a CFR, the DFO hammers each piece of timber with the relevant codes (CFR and District), and issues a Forest Produce Movement Permit
g) NFA and DFOs have forest produce monitoring teams outside the CFR which ensure that the timber on the road and in the timber sheds bears the relevant marks and documents
(ii) Timber from NFA Natural Forests
The inventory is done using the ISSMI practice. This divides the compartment into 4-ha blocks which are then sold by public auction in accordance with PPDA Regulations and Guidelines is done (Section 4.1)
The rest of the steps in Section xxx above are then followed.
(iii) Timber from Private Plantations in CFRs
The plantation owners are advised to adopt/ adapt the steps followed by NFA in terms of inventory and harvesting plan, but they do not have to follow PPDA Rules and Guidelines. However, the timber must bear the relevant marks and be accompanied by all the relevant documents
(iv) Timber from Outside Central Forest Reserves[9]
Extracted from: Nelson Turyahabwe, Willy Kakuru, Martin Asiimwe and Patrick Byakagaba, 2015. Proximate and Underlying Causes of Illegal Timber Trade in Uganda
The current practice, whether for plantations or natural forests is outlined below:
• Pre-license meeting of Stakeholders who convenes this meeting? For what purpose?
• Meeting with FSSD, NFA, LG and other Stakeholders to review what went wrong and right and errors (who convenes this meeting?)
• Allocation of district quotas by FSSD for licensing based on the national biomass study
• Applications by interested harvesting entities endorsed by Local Councils I, III and V. Applicants attach evidence that the forest belongs to them, or evidence of agreement of the forest owner where they will operate
• Applications screened by DFO and vetted by a committee, based on performance, capability and commitment to abide by the guidelines issued as license conditions (Box 3)
Box 3: Conditions for a Timber Harvesting License
(i) The license is personal to holder
(ii) The license should not be shared or used by more than one person – the licensee
(iii) The license is limited to use in one sub-county
(iv) For timber harvesting, use is limited to hand saws; chain saws are outlawed
(v) The licensee should hand a list of labourers to the DFO and District Internal Security Officer, for security purposes;
(vi) One license should not exceed a harvest of 500 cubic meters of round wood a year, expected to produce around 150 cubic meters of timber at about 30% recovery rate.
Source: Turyahabwa N, et al, 2015
• Approval by DFO together with the volume of standing trees allowed for cutting. List of approved applications are put on noticeboards for public display
• The approved applicants pay to the DFO a license fee of UGX 350,000 for a year of operations
• List of approved and paid up applicants is sent to FSSD for issue of licenses, or the licenses are issued by the respective District LG
• Harvesting proceeds under the supervision of the DFO
• Stumps of felled trees and the timber are marked with field hammers by a staff of the DFO,
• A Forest Produce Declaration Form is issued by the DFO’s staff to enable movement of the timber to the DFO
• The relevant taxes are computed at DFO’s office, based on the declared timber, the taxes are paid, and an official General Receipt is issued
• A Forest Produce Movement Permit is issued by the DFO to enable movement of the timber to the market
• Constant patrols by DFO staff, police, NFA, and reports by Local Communities in case of any illegal harvesting and movement of timber
Instruction 308: The chain of custody procedures outlined above shall be used in monitoring timber from the harvesting site to the market. These procedures shall be replaced by chain of custody procedures from UNBS when they are officially issued.
Instruction 309: A supplier of tradable forest products who complies with the requirements in the checklist under Section 4.4.2.2 above and the CoC outlined under Section 4.4.2.3 above shall be issued with a Certificate of Compliance that the forest product supplied complies with the relevant legal requirements in Uganda
Instruction 310: The MWE and other MDAs should commit to procure only primary forest produce that can demonstrate compliance with the Due Diligence System requirements through the Certificate of Compliance.
The European Parliament and the Council of the European Union, 2010. Regulation (EU) No 995/2010 of the European Parliament and Of the Council of 20 October 2010 ↩︎
Forest Stewardship Council, 2017. Questions and Answers about FSC and the EU Timber Regulation ↩︎
The U.S. Lacey Act - Frequently Asked Questions About the World’s First Ban on Trade in Illegal Wood ↩︎
Forest Stewardship Council, 2017. USA Forest Products Legality Legislation and FSC ↩︎
Forest Stewardship Council, 2017. FSC-STD-40-004 V3-0: Chain of Custody Certification ↩︎
NFA, 2007. Guidelines for Verification of Legal Sources of Timber - The Case for Central Forest Reserves in Uganda, June 2007 ↩︎
Nelson Turyahabwe, Willy Kakuru, Martin Asiimwe and Patrick Byakagaba, 2015. Proximate and Underlying Causes of Illegal Timber Trade in Uganda ↩︎