Terms of Reference for the Forest Stewardship Council (FSC) Australia Indigenous Working

Terms of Reference for the Forest Stewardship Council (FSC) Australia Indigenous Working Group (IWG) Draft 1.1

Table of Contents

1 Background of the Project

2 Objectives of the IWG

3 Selection of the IWG members

4 Responsibilities of the IWG

5 Support for the IWG

6 Deliberations and Decision making

7 Workplan and time commitment

8 Expenses and Remuneration of the IWG

9 Confidentiality and conflict of interest

10 Language

1 Background of the Project

FSC Australia has commenced development of the FSC Australia -Forest Stewardship Standard (FSCA-FSS) in line with FSC International’s globally recognised standards framework for responsible forest management. A requirement for robust stakeholder consultation and striving for broad consensus across all three chambers underpins the process.

Protecting the rights of, as well as creating opportunities for, indigenous communities is a key principle in FSC's approach to responsible forest management. FSC Australia has recognised for some time that to deliver a credible Forest Stewardship Standard for Australia, the level of engagement with indigenous stakeholders requirestargeted focus, expertise and resources.

In 2013 the FSC Australia Board commissioned development of a communications plan for ensuring indigenous engagement within the standards development process. The communications plan that was delivered is currently available at

The Communications Plan recommended creation of an Indigenous Advisory Group (IAG) that would be made up of two representatives from each of the 13 regions outlined in the report. This is recognised asbeyond the capacity of FSC Australia’scurrent resources, and advice from FSC International suggested that such a goal in the development of our first standard might create unreasonable expectations. Instead an Indigenous Working Group (IWG) is being constituted to balance the need for representation as well expert experience and knowledge on particular issues.

2 Objectives of the IWG

The Indigenous IWG is established to provide representational and expert feedback to FSC Australia’s various processes on indigenous issues and forestry in Australia. This includes, but is not limited to:

Providing expert advice and input to the FSC Australia Standards Development Group (SDG) on the content of the FSC Australia Forest Stewardship Standard (FSCA-FSS)
Helping to ensure that stakeholder engagement in FSC Australia’s standards development and revisions processes reaches as many indigenous interested and affected stakeholders as possible.
Providing guidance to FSC Australia on ways that it might improve engagement with affected and interested indigenous stakeholders regarding FSC Membership, governance and promotion of FSC.
Provide guidance on ways to assist indigenous stakeholder’s engagement in FSC certification including engagement in audits and in seeking certification, and assist in the certificate holder outreach where possible.

3 Selection of the IWG members

The structure of the IWG is based on the objectives outlinedabove

Technical expertise and experience in areas where FSC’s policies and standards connect with issues pertinent to the social, environmental and economic interests of Indigenous groups. Including, but not limited to:

a)Legal/ Intellectual property, traditional knowledge

b)Cultural mapping

c)Land conservation and management

d)Cultural heritage legislation and policy

e)Indigenous focused commercial enterprises and partnerships.

f)Use of non-timber forest products

g)Cultural and natural resources management policies and practices,

h)Business development; commercial or entrepreneurial,

i)Community development and enterprise development, training and employment

j)Forestry management, policies and practices,

k)Australian and international indigenous rights and interests.

Selection will ensure that women are represented on the IWG and gender balance may be considered where the qualification of candidates are equal. Selection will seek to balance the desire for a majority Indigenous representation and the need for a skills based selection process.

Selection of the IWG members will be undertaken by the FSC Australia Deputy CEO - Policy and ratified by the Policy and Standards Committee of the Board, taking into account advice from the Aboriginal Carbon Fund which is leading FSC Australia’s Indigenous stakeholder engagement. The final number will be based on the ability to cover the knowledge and experience requirements from those who apply.

4 Responsibilities of the IWG

The IWG shall conduct its tasks according to this Terms of Reference.

The IWG will work together throughout this process, discussing issues and interacting with each other as a group in and outside of meetings.

5 Relationship to FSC Australia: Support and reporting

FSC Australia will provide administrative and technical support to the IWG. FSC Australia’s Deputy CEO – Policy, will serve as the group’s contact point, overseeingits processes and any related documentation.

6 Relationship to the Standards Development Group (SDG)

The SDG is the cross-chamber group tasked with the development of the FSCA-FSS. The original expressions of interest published to bring the SDG together included a preference for a seat in the social chamber delegation for someone with experience and expertise in forestry issues related indigenous communities and rights. Unfortunately, despite efforts by FSCA members, we were unable to fill that seat and the FSCA Board chose to allocate the seat to a regional forest communities representative. With this in mind it is envisagedthat the IWG shall be linked to the SDG in the following ways:

Social Chamber – Social chamber representatives on the SDG may include IWG members when conducting any in-chamber consultation.
The IWG members and any organisations they represent will be included in the FSC Australia Consultative Forum (
The IWG will be included in the Technical Experts registrar utilized by the SDG. (

7 Deliberations and Decision making

For individual meetings the group will choose a member to chair that meeting. The position of chair is not permanent and only required for face-to-face meetings to ensure agendas are met. The IWG does not serve as a decision-making or policy-forming body. The IWG, with support from FSC Australia, will produce advice and submissions to FSC Australia’s various processes as required. Advice and positions may incorporate areas of consensus on particular questions or issues but can also capture and disagreement and opposing viewpoints.If a consensus position cannot be reached, then the arguments for and against the issue shall be documented.

All IWG members should participate in each point of discussion. If member(s) are not present for a discussion, then a provisional report may be made, subject to participation by the absent member(s).

In all cases, outstanding concerns of individual IWG members shall be documented and presented in the final report that accompanies the document presented for decision.

8Workplan and time commitment

The IWG, with support from FSC Australia, will develop a workplanwithin 6 months of being constituted and conduct most of its work via e-mail or similar means of electronic communication (e.g. goto meeting conference), and through one-on-one calls with FSC staff when required.

The workplan will include details for meeting the above objectives,including agreed outcomes based on SMART[1] principles.

Additionally, the IWG will come together for face to face meetings to align with the consultation and stakeholder phases of the FSCA-FSS development process as well as the FSC Australia AGM (May). There will be no more than 3 face to face meetings a year, unless specifically required and approved by FSC Australia

The first meeting will be held between October and December 2014.

9 Expenses and Remuneration of the IWG

FSC Australia is a not for profit membership organization with limited funding. Participation in the IWG takes place on a voluntary non-paid basis.FSCAustralia covers all reasonable travel and accommodation expenses related to the workplan upon submission of the respective invoices and receipts, and if expenses are agreed in advance. FSC Australia will endeavor to provide an honorarium to IWG members where appropriate and feasible.

10 Confidentiality and conflict of interest

IWG members are required to sign a confidentiality and non- disclosure agreement with FSC at the beginning of their work.

The IWG operates according to Chatham House Rules. So, while members of the IWG have full authority to share the non-confidential substance of discussions and papers, they shall not report or attribute either the comments of individuals or their affiliations outside of meetings, whether conducted face to face or by other means. The default approach for the IWG is that the non-attributable content of discussions and papers is not confidential, unless so specified.

IWG members are expected to declare any conflicts of interest, where they arise. The IWG as a group will then decide whether or not this requires an individual to be recused from a particular discussion point.

11 Language

The working language of the IWG is English.

[1] SMART – Specific, Measurable, Achievable, Results based, Tangible