GPSNR supports the inclusion of smallholder farmers in EU natural rubber supply chains, and affirms their customary and native land use rights

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Smallholder farmers are key stakeholders in natural rubber supply chains accounting for 85% of global supply, and enabling the resilience and sustainability of the value chain. However, smallholder farmers are the most vulnerable to major changes in the economic and regulatory landscape. Their vulnerability is heightened by the fact that many smallholders lack formal land documentation. Fortunately, many rubber producing countries are progressively implementing land tenure formalization programmes for smallholders but they undoubtedly will take significant amounts of time to fully implement.

The Global Platform for Sustainable Natural Rubber (GPSNR) supports the intent and implementation of the EU Regulation on Deforestation-free products (EUDR), and considers it a bold and necessary step to addressing deforestation, human rights violations, and illegality in commodity production, including natural rubber. However, it is key that its implementation ensures the continued inclusion and support of smallholders in EU supply chains.

GPSNR includes more than 200 smallholder farmers from 12 countries in its membership and has heard their concerns regarding the potential unintended consequences of the law.

As reflected in its Policy Framework, GPSNR is committed to recognise and protect the customary, traditional and communal land tenure and use rights of Indigenous People and local communities (IPLC), including smallholder farmers who have such rights, even in cases where they are not formalised yet in the legal system of the country in which they reside.

In view of supporting the inclusion of smallholders in EU supply chains, while ensuring due diligence against illegality, the GPSNR requests the European Commission provide additional EUDR guidance to competent national authorities regarding how to effectively check that operators and traders have conducted sufficient due diligence to determine the legality of commodities falling within the scope of the Regulation considering the mosaic of native and customary land rights arrangements found on smallholder farms around the world. Examples of how this could be achieved might include: 

  •  The creation of a shared information system amongst competent national authorities to assess the practical state of producing countries’ efforts to document and formalize recognition of customary land tenure arrangements for smallholder farmers;

     

  • Work with producer country governments to identify prevalence of customary tenure.

     

  • Providing practical guidance to EU competent authorities and regulated companies on:

     

    o How to robustly assess and map the customary land title claims in each country to ensure smallholders are not cut out of supply chains before formal land registries are created and protect the right to self-determination of IPLCs who do not wish to engage in land title formalisation even if it becomes available. 

    o In countries where formalization of land tenure is still under development, prioritize assessment of legality to establish that commodities placed on the market do not originate from land that has been occupied or acquired in violation of national land laws or customary tenure arrangements (i.e., through a “land grab”); through dispossession or abuse of the rights of vulnerable members of a population by elites; or which is located within prohibited areas such as national parks, wildlife reserves, or other protected areas, or from other restricted use areas.

    o Specifics on the types of documentation to collect to substantiate the rights (formal or customary) of smallholder farmers to use land parcels for the production of the relevant commodity. This could include documentation recognized by local authorities, or other evidence of locally recognized land tenure, and evidence that key regulatory bodies in producing countries have indicated general acceptance that smallholder farmers cultivating land under customary and/or communal land tenure arrangements may legally produce and sell rubber (this may be explicit – e.g., through a license – or implicit, e.g. through the provision of official extension support, credit schemes, or marketing assistance to registered smallholders);

We call the Commission and other EU and national institutions for a joint effort to enable smallholder farmer organizations to meet EUDR compliance; and proactively work with the producing countries to address potentially conflicting national laws, issues of inadequate law enforcement and corruption, and provide support to producing countries to tackle these issues and empower smallholders to maintain access to EU markets. GPSNR commits to support just transitions to secure forms of land tenure. We will collaborate with members to enhance capacity in land tenure and support programs facilitating smallholders’ access to formal land documentation where applicable.

Finally, we wish to clarify that the above proposals are in no way intended to avoid compliance by GPSNR operators and traders purchasing and selling natural rubber products covered under the scope of the Regulation. Rather, they are designed to support and enhance the position of the six million smallholders in global rubber supply chains to help realize the potential of the law, whilst themselves benefiting from it. These proposals are supported by GPSNR’s smallholder and civil society representatives, alongside industry members.

The GPSNR Executive Committee has sent this letter to the European Commission for further deliberation. 

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GPSNR Working Groups Update: January 2022

All GPSNR working groups have begun planning the year ahead. Here are all their updates: 

Strategy and Objectives Working Group

After finalising the Theory of Change, the group is working on developing next steps for itself based on the ToC and updating its own Terms of Reference and membership.It is also busy with developing the RFP for the Economic Risk Study, which will be published soon.

Smallholder Representation Working Group

Apart from onboarding workshops in Ghana, Liberia, Malaysia and Colombia, the group is focussed on its newly formed task force to develop the GPSNR Smallholders Policy Framework before the General Assembly of 2022.   

Policy Toolbox Working Group

The group saw a major milestone in the approval of the reporting requirements at the 2021 General Assembly. In the coming months, they will be developing guidance for the reporting requirements and a transparency roadmap before the reporting cycle begins in mid-2022. At the same time, the group continues to refine the Implementation Guidance before the General Assembly of 2022 while supporting the smallholder working group with the Smallholder Policy Framework. Additionally, this group is busy with finalising the compliance panel operational guidance.

Capacity Building Working Group

The group recently closed two RFPs for the assessment of the Knowledge Sharing Platform and GAP coaching for Indonesia respectively. While finalising and appointing service providers from the applicants, the group will also review and finalise the strategy and approach for capacity building in Thailand, including integration with Agroforestry Task Force workstream. To this end, the recently formed Thailand capacity building national subgroup had its first meeting in January 2022. 

The working group is also working on capacity building plans for Indonesia and Ivory Coast. 

Traceability and Transparency Working Group

Having received members’ input on the traceability benchmark, this working group is now refining the benchmark based on the feedback. They will also be providing a summary of tools based on traceability studies conducted in 2021 to the EC.

Shared Responsibility Working Group

The Shared Responsibility working group has appointed a consultant from New Foresight to support the Shared Responsibility (SR) framework development. The consultant is now working on completing the preliminary interviews to gather perspectives on the SR Framework, as well as a data collection exercise. After this, the group will work on drafting the SR framework and policy and preparing a resolution for it by the General Assembly of 2022. 

News

Proposing National Strategies for Capacity Building

Following several rounds of further consultation amongst its members, the Capacity Building Working Group has finalized proposals for capacity building strategies for the four previously identified focus countries: Côte d’Ivoire, Indonesia, Myanmar and Thailand. Within each of these proposals, the Working Group has defined key strategic approaches to best allow for immediate engagement and implementation. 

Each proposal sets out the issues that have been identified as threatening the sustainable production of natural rubber, underlying causes for these issues, as well as a main objective. Within each proposal, the Working Group has suggested various strategic approaches, providing a rationale for chosen actions, and proposing impacts and resources required. While the Working Group recognizes that the issues do not represent the full list of challenges that stand in the way of national rubber production becoming sustainable, it highlights that the focus is on strategic approaches that allow for immediate engagement and implementation.

These proposals have been submitted to the Executive Committee for review and approval, while the Working Group concurrently addresses final concerns around the proposed strategy around a CO2 compensation scheme.   

Looking ahead, detailed implementation plans and timelines will have to be developed upon approval of the proposed strategies. These are issues that the Working Group will be exploring in the weeks to come.

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