Public Consultation: Improving the FPIC Process under MTCS

[Click here for Bahasa Melayu version]

Dear Member of the Public / Malaysian Timber Certification Scheme (MTCS) Stakeholder,

The Malaysian Timber Certification Council (MTCC) aspires to further improve the Free, Prior, Informed Consent (FPIC) Process under the Malaysian Timber Certification Scheme (MTCS). The objective is to gather input from stakeholders, including indigenous communities, civil society organizations, industry representatives, and government agencies, to strengthen the FPIC process to align with international standards and best practices.

Through this public consultation, details of respondent are collected for MTCC’s records – which is an important part in identifying potential stakeholders that can be invited for a workshop to be held later in January 2025. The workshop will focus on drawing on the strong, feasible and required improvements to be deliberated and incorporated into a guideline that is to be established.

The FPIC process is a cornerstone of Sustainable Forest Management (SFM), ensuring that the rights, aspirations, and concerns of Indigenous Peoples and Local Communities (IPLC) are respected in forestry-related activities. The FPIC components are primarily covered under 2 Principles within the MTCS MC&I SFM standard:

Principle 2: Tenure and Use Rights and Responsibilities

Criterion 2.2: Local communities with legal or customary tenure or use rights shall maintain control, to the extent necessary to protect their rights or resources, over forest operations unless they delegate control with free, prior and informed consent to other agencies and/or parties.

Principle 3: Indigenous Peoples’ Rights

Criterion 3.1: Indigenous peoples shall control forest management on their lands and territories unless they delegate control with free, prior and informed consent to other agencies and/or parties.

Indicator 3.1.2: Management and use of such lands and resources are controlled by indigenous peoples unless they delegate control with free, prior and informed consent to other agencies and/or parties.

Criterion 3.4: Indigenous peoples shall be acknowledged and compensated for the application of their traditional knowledge regarding the use of forest species or management systems in forest operations. This compensation shall be formally agreed upon with their free, prior and informed consent before forest operations commence.

For a copy of the full standard, it can be accessed on our website: https://mtcc.com.my/wp-content/uploads/2022/02/MTCS-ST-1002-2021-MCI-SFM-Final-B5.pdf

While MTCS has incorporated FPIC as a requirement, feedback indicates that it continues to face several challenges within the framework of Forest Management Certification (FMC). Therefore, MTCC is looking ahead to provide more clarity through a guideline for FPIC implementation, increase avenues in communication, particularly with remote and under-served communities’, improve transparency and accountability in obtaining consent, identify needs and gaps in capacity-building, awareness among stakeholders and in monitoring and verifying compliance with FPIC requirements.

Recognizing this, MTCC would like to canvas the issues faced relating to the FPIC process under the MTCS and also seeks for proposed solutions for the issues raised through this Public Consultation. This consultation is also targeted to:

Understand Barriers: Highlight the challenges faced by stakeholders, especially indigenous and local communities, in engaging meaningfully in FPIC processes.

Collect Feedback for Solutions: Gather actionable suggestions from stakeholders to refine the FPIC framework under MTCS.

Through this consultation, MTCC also hopes to develop a FPIC guideline for MTCS by incorporating real-time and factual on-the-ground information, experiences, lessons and feedback from FPIC practices.

Hence, your feedback will help us enhance and improve the quality of FPIC process under the MTCS to better respect the rights of indigenous and local communities, while improving transparency and accountability. Your responses will remain confidential and will be used solely for improving the FPIC process.

HOW TO PARTICIPATE:

OPTION 1: GOOGLE FORM