
Ministry Builds Staff Capacity to Strengthen Legal Approach to Forestry Crime
Forests can be managed without
compromising on decent jobs, long-term livelihoods and environmental
sustainability, says Director Forestry Operations North Maleli Nakasava.
Mr Nakasava, who oversees forestry
operations in a division known for illegal logging operations, believes it is
their responsibility as foresters to ensure that society, the economy, and the
environment are all sustainable, and that everyone has fair and equitable
returns from forest resources future by eliminating all forms of corruption.
He
was among 15 forestry staff who recently graduated from specialised training recently
conducted by the Office of the Public Prosecutions (ODPP) and the Fiji
Independent Commission Against Corruption (FICAC).The
Government, through the Ministry of Forestry, is mandated to conserve, manage
and develop Fiji’s forestry resources to ensure their long term sustainable use
for the benefit of all Fijians. To ensure that this is observed at all times,
the Ministry is building capacity of its staff across the country by expanding
their knowledge base and introducing them to a set of skills and practices that would allow
for more efficient investigation and prosecution of forestry-related offences.
Prosecution and investigation training
To strengthen the legal approach to
forestry crime in the country, the Ministry, in collaboration with the ODPP and
FICAC, provided training to forestry officials.
This is to improve their knowledge base and introduce them to a set of
techniques that would allow for more efficient prosecution of forestry-related
offences.
The Ministry's Permanent Secretary, Pene
Baleinabuli, said the Ministry strongly believes that involving the staff in
training and development programmes was essential in sustaining the delivery of
high quality service. Mr Baleinabuli
stated that there was an urgent need to improve monitoring, control and
surveillance of illegal forestry operations, as this resulted in communities
losing out on much-needed revenue from their forests. Illegal logging also affects
real economic growth as measured by gross domestic product, which in turn
affects our national development agenda.
"As such, this training will empower
staff to be more vigilant on the ground and be in a position to investigate and
prosecute forest crimes anywhere in Fiji," Mr Baleinabuli said.
On May 27, five forestry staff earned a
Basic Prosecution Certificate from the ODPP in Suva following a month-long
capacity-building programme for staff. They were among 38 participants from
other Government ministries and organisations who participated in the training
and who will proceed to the Advanced Level in the coming months.
In a statement, the ODPP said: "The Basic Prosecution
Course for Statutory Regulators is part of the Office of the Director of Public
Prosecutions (ODPP)’s on-going pledge and commitment towards providing the
public with an efficient and professional prosecution service by enabling
prosecutors appointed by Permanent Secretaries to take matters to court under
their own specific legislation.
"The ODPP assists the staff
of these Ministries and Government Departments by providing legal advice on the
range of possible charges and the evidence required in prosecuting
infringements under their own specific legislation. The ODPP also
provides desk officers to assist. "
On June 4, another 10 staff were awarded
Certificate of Participation in Suva after a week-long Financial Investigation
training by FICAC.
According to FICAC, the six-day training was comprehensive as it focused on
in-depth investigation processes and activities undertaken in order to
investigate financial crimes successfully.
“The segments of
the training are coherently aligned to cover the essentials of financial
investigations. The Financial Investigations Training also emphasises on the
basic legal framework relating to criminal offences linked to financial crimes.”
In addition, our staff have also
participated in FICAC's one-day Anti-Bribery and Ethics and Values Workshop.
Illegal logging defined
Illegal logging is the harvest, transportation, purchase or sale of timber in contravention or violation of national laws such as the Forest Act 1992, Environmental Management Act 2005 and iTaukei Lands Trust Act. The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests and planted trees, removing them without valuing and avoiding payment of forestry charges and landowner royalties and processing these illegally sourced logs in a licensed facility which prohibits processing of "stolen" logs.
Ministry of Forestry’s role
Illegal logging is a source of global
concern because of its negative environmental consequences, which include the
loss of forest products required by rural populations, conflict, and
considerable tax revenue losses that could be used for development.
Since the Ministry is mandated to issue
licences for the removal of forest products, the operation of sawmills and
treatment plants, in a sustainable manner, it has to strictly monitor and
ensure compliance with forest laws, regulations and guidelines. The non-compliance is actually a breach of
the forest laws and regulations.
"To combat illegal logging, our staff
are trained to investigate and ensure the prosecution of offenders, not only to
curb crimes in forestry but to ensure that the nation does not lose out
socially, economically and environmentally," the Permanent Secretary said.
Mr Nakasava and his deputy, Uraia Racule were
nominated by the Permanent Secretary to attend the prosecution training. He
said that, as leaders, they were required to understand the nuances of
combating forestry-related crimes.
"No forestry-related offence has ever
been prosecuted in Fiji. We normally investigate and we penalise contractors or
individuals found in breach of the forestry laws," Mr Nakasava said.
"However, we have observed in our
Forest Statutes or Acts that the contractor's payment is less than the market
price of the stolen goods. As a result, the PS has given us directives to take
cases to court if need be, and we thank the Ministry for nominating us for this
training.
"Attending this course and guiding
our team who have already received their Advanced Certificates to pursue cases
is a challenge that we as leaders welcome," he added.
The training focused on capacity building
of the trainees to detect, investigate and prosecute offenders.
Say no to illegal logging pledge
Taking cases to court is the last thing we
want to do, Mr Nakasava said.
He has appealed to individuals,
stakeholders, communities and resource owners to take ownership of protecting
their forests and join the pledge against illegal logging and other
forest-related offences.
The Ministry launched a "Say No to
Illegal Logging" pledge on February 11 in Labasa. There have
been more than 320 pledges to date from individuals, stakeholders and resource
owners.
"Making that pledge is a labour of
love for which you are not compensated, but it is something to consider for our
future generations.
"We want zero tolerance for unlawful
logging in the Northern Division. If we are taking cases to court year after
year, it shows that we are not doing our duty of enforcement,” Mr Nakasava
said.
"Resources that we have now were not
borrowed from our grandparents, they are inherited from our children. We are
currently borrowing everything that we are utilising from our children. Our
children are the true owners.
"I'm asking members of the public if
they can help the Ministry of Forestry by acting as our eyes and ears on the
ground."
For Forestry Officer Operations/Eastern
Waisake Vunisa, he said the review of forestry legislation would also help
strengthen the Ministry’s resolve against illegal activities in the forestry sector.
This prosecution training, he said, would
indirectly create awareness in the communities, encouraging them to learn how
contractors and landowners make agreements, as well as the legal conditions
that apply, so that all parties may achieve a win-win situation.
This is a critical development that the
Ministry aims to address through partnerships with enforcement institutions
such as the Police, ODPP and FICAC and through strengthening the ethical
standards and sense of mission within the Ministry.
Additionally,
partnership through a MoU with Fiji Revenue and Customs Service has resulted in
the formation of a committee through which the Ministry will track tax
compliance of all Forest Sector Industries.
We will no longer be complacent but
relentless in our efforts to ensure compliance of the sector to Fijian laws and
standards for the benefit of all involved and that of the nation.