Enhancing forest laws to foster sustainable management and empower people: A focus on West Africa
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Forests have a key role in tackling global challenges, such as food insecurity, poverty, the far-reaching impacts of climate change, land and water degradation, and the loss of biodiversity.
West Africa hosts almost 11% of the world's 12 million km² of dense tropical forests, according to the Economic Community of West African States (ECOWAS).
Within the ECOWAS, forests represent very diverse biomes, ranging from the tropical forests of Upper Guinea to the dry forests of the Sahel region.
The forests of West Africa are home to a significant portion of biodiversity due to the richness of fauna and flora present in the territory, which includes various endemic species. They therefore provide a wide variety of environmental goods and services to those who depend on them and to the planet, including, among others, wood and non-wood products for households and businesses. Additionally, forests contribute directly or indirectly to the livelihoods of 53 percent of the population living in rural West Africa. They play a crucial cultural and social role for local communities, where non-timber forest products (NTFPs) are of particular importance to women.
Despite their inestimable value, the sub-region’s forests face high levels of deforestation, with an average annual loss, between 2010 and 2020, estimated at 52,920 hectares (FRA 2020). The situation is not homogeneous between countries, the main causes of deforestation being agriculture and small-scale logging (20.4 % and 16.7 % respectively) as well as fires (14 %).
In addition to these direct causes, indirect factors, such as illegal regional cross-border trade in wildlife and forest products, exacerbate these processes.
In order to face these challenges, one of the objectives of the ECOWAS Convergence Plan for the Sustainable Management and Use of Forest Ecosystems in West Africa (2013) was to promote the harmonization of forest legal frameworks to enable the articulation of international conventions and treaties with sub-regional guidelines and national efforts aimed at reducing deforestation and illegality, as well as strengthening forest and land rights of stakeholders who contribute to and depend on these resources.
In light of those priorities, the project Global Transformation of Forests for People and Climate: a focus on West Africa (2019 –2024), led by the Swedish International Development Cooperation Agency (Sida), the ECOWAS, and the Food and Agriculture Organization of the United Nations (FAO), contributed to enhance forest and land-related laws and policies, promote sustainable joint management of forest resources, combat illegal logging, and integrate gender perspectives.
In particular, under the project's second component (Focus Area 2), seven countries were prioritized based on a shared online survey that considered the legal frameworks of all 15 countries. The existing forest-related legal frameworks were assessed, and recommendations formulated to promote legal reforms or implement legal provisions in Côte d’Ivoire, Ghana, Guinea, Liberia, Senegal, Sierra Leone, and The Gambia.
Those legal reforms and improvements are indeed necessary to protect forests, reduce deforestation in the sub-region, and strengthen cross-border decision-making to promote collaboration between relevant national, sub-regional and international institutions and other key local stakeholders.
The validation of the 7 legal studies involved multiple stakeholders at various levels and a gender lens to reflect national and communities' perspectives, in partnership with ECOWAS.
Furthermore, four legal exchanges were organized between the different national consultants to share their experiences and conclusions on common cross-border forest-related problems and possible joint solutions.
To complete the knowledge generation process, a ‘Comparative analysis of the seven legal reports’ was carried out to identify cross-border challenges and deforestation trends at the sub-regional level to highlight good practices, common challenges and legal solutions that can be replicated in other ECOWAS countries.
Finally, two other studies were carried out to support the objective of capacity building. The first is a guide aimed at “Strengthening decentralized forest governance of forests in West Africa” based on lessons learned from the targeted countries and best national practices. The second is a module aimed at developing institutional capacities to tackle forest crimes in the sub-region, in line with the new ECOWAS strategy to combat crimes linked to wildlife trafficking.
Despite the differences between each country, there are common elements among the seven legal reports. There are also advancements, challenges, and experiences that, when shared, can be useful for developing future laws in the region.
One of the lessons learned is to ensure a high level of ownership and understanding of the process and the results achieved by national institutions, sub-regional counterparts, but also local stakeholders. It is essential to understand and rely on existing local capacities and to consider their good practices but also to promote appropriate means to guide the application of laws or necessary legal reforms.
Creating synergies with stakeholders external to the forestry sector, being open to new challenges, such as those linked to climate change, focusing on local social and cultural dynamics where women still have to find their right place, and adopting a pragmatic approach to resolve land tenure issues, are just some of the aspects included in the studies, in order to contribute to resolving, among other things, cross-border issues in the forestry sector.
Based on the conclusions emerging from national legal studies, the comparative analysis highlights a series of common recommendations targeting all ECOWAS countries to harmonize national forestry legal frameworks and move forward in the establishment of common solutions to reduce illegality, promote sustainable co-management of cross-border forest ecosystems and adopt measures that reduce deforestation.
Among these recommendations, it would, for example, be necessary to strengthen bilateral and multilateral cooperation frameworks to combat exploitation and illegal trade and promote police and judicial cooperation following the example of existing mechanisms between certain countries (e.g. Senegal and Gambia). Likewise, it would be relevant to promote the harmonization of regimes for categorizing offenses and sanctions, as well as to engage in regional discussions on the development of sustainable agroforestry, which is a priority in many countries to combine agricultural development without negatively affecting forests.
Overall, it is crucial to develop laws for the protection and sustainable management of forests for several reasons. Firstly, strong legal frameworks help in combating illegal logging, which poses a threat to biodiversity, contributes to climate change, and undermines local economies. Secondly, sound legal frameworks promoting sustainable forest management contribute that forest resources are used responsibly, preserving them for future generations while also supporting the livelihoods of those who depend on them. Additionally, incorporating gender perspectives into these laws promotes inclusivity, ensuring that all community members benefit from and contribute to forest conservation efforts. In summary, robust forest laws play a key role in environmental protection, economic stability, and social equity.
Download the national reports: