6.3.2 Legal, customary and traditional rights related to the forest land. 與森林土地相關的法律、習慣和傳統權利。
6.3.2.2 Forest practices and operations shall be conducted in recognition
of the established framework of legal, customary and traditional rights such as
outlined in ILO 169 and the UN Declaration on the Rights of Indigenous Peoples,
which shall not be infringed upon without the free, prior and informed consent
of the holders of the rights, including the provision of compensation where
applicable. Where the extent of rights is not yet resolved, or is in dispute,
there are processes for just and fair resolution. In such cases forest managers
shall, in the interim, provide meaningful opportunities for parties to be
engaged in forest management decisions whilst respecting the processes and
roles and responsibilities laid out in the policies and laws where the
certification takes place.
6.3.2.2 森林實務和操作必須承認已建立的法律、習俗和傳統權利框架，如國際勞工組織第169號公約和聯合國《原住民族權利宣言》所述，不得未經權利擁有者在其自由、事前且知情同意而侵犯之，並在適用的情況下提供補償。在權利範圍尚未解決或存在爭議的情況下，應有公正和合理的解決過程。在此期間，森林經營者應在尊重政策和法律所規定的過程、角色和責任的同時，為各方提供參與森林經營決策的有意義機會。
可能資料的整備：
組織在森林經營實務和運營應承認既定的法律、習俗和傳統權利，如: ILO 169和聯合國原住民權利宣言所概述，未經權利擁有者的自由、事前和知情同意，不得侵犯這些權利，並在適用的情況下提供補償。當權利範圍尚未解決或存在爭議時，應有公正公平的解決程序。在這種情況下，森林經營者應在尊重政策和法律規定的程序、角色和責任的同時，為各方參與森林經營決策提供有意義的機會。
因此組織應準備以下資料：
1.
識別及尊重所有可能受到森林經營活動影響的權利主體，包括:原住民、當地社區的法律、習俗和傳統權利等。
2.
保存與權利主體溝通協商的紀錄，包括會議記錄、協議等，如果涉及到權利人的同意，應提供相關的同意文件。
3.
組織應建立或參與相關的爭議解決機制，確保權利爭議能得到公平處理。
4.
如果存在權利爭議，應提供相關的參與機制，讓利害相關方參與決策。
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PEFC and FSC are the two biggest names in forest certification. So,
what's the difference between these two systems? Are they asking forest
managers to do completely different things to get certified? Let's dive into
PEFC and see what it takes to get certified:
6.3 Compliance requirements
6.3.2 Legal, customary and traditional rights related to the forest land.
6.3.2.2 Forest practices and operations shall be conducted in recognition
of the established framework of legal, customary and traditional rights such as
outlined in ILO 169 and the UN Declaration on the Rights of Indigenous Peoples,
which shall not be infringed upon without the free, prior and informed consent
of the holders of the rights, including the provision of compensation where
applicable. Where the extent of rights is not yet resolved, or is in dispute,
there are processes for just and fair resolution. In such cases forest managers
shall, in the interim, provide meaningful opportunities for parties to be
engaged in forest management decisions whilst respecting the processes and
roles and responsibilities laid out in the policies and laws where the
certification takes place.
Preparation of possible information:
Organization in their forest
management practices and operations should recognize established legal,
customary and traditional rights, as outlined in ILO 169 and the United Nations
Declaration on the Rights of Indigenous Peoples, and shall not infringe these
rights without the free, prior and informed consent of the rights holders, and
provide compensation where applicable. When the scope of rights has not been
resolved or there is a dispute, there should be a fair and equitable resolution
procedure. In such cases, forest managers should provide meaningful
opportunities for all parties to participate in forest management decisions,
while respecting the procedures, roles and responsibilities set out in policies
and laws.
Therefore, organizations should prepare the following information:
1.
Identify and respect all
rights subjects that may be affected by forest management activities, including
the legal, customary and traditional rights of indigenous peoples and local
communities.
2.
Keep records of
communication and negotiation with the right holder, including meeting minutes,
agreements, etc., and provide relevant consent documents if the consent of the
right holder is involved.
3.
Organizations should
establish or participate in relevant dispute resolution mechanisms to ensure
that rights disputes are handled fairly.
4. If there is a dispute over rights, relevant participatory mechanisms should be provided to involve stakeholders in decision-making.
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