FSC Remedy Framework

Remediation for environmental harms includes actions to remedy deforestation, conversion, degradation, or other harms to natural forest and HCV-areas. Environmental remedy actions may include, but are not limited to:

• conservation of standing forests, habitats, ecosystems and species.
• restoration and protection of degraded ecosystems.

Remediation for social harms may be achieved through a combination of apologies, restitution, rehabilitation, financial or non-financial compensation, satisfaction, punitive sanctions, injunctions, and guarantees of non-repetition. Remediation for social harms includes:

• providing redress for identified social harms through agreements made during an FPIC-based process with the affected rights holders.
• facilitating a transition to the position before such harms occurred or developing alternative measures to mitigate the harm by creating benefits that are recognized by affected stakeholders as equivalent to the harms through consultation and agreement.

Free, Prior, and Informed Consent (FPIC) is defined as a legal condition whereby a person or community can be said to have given consent to an action prior to its commencement, based upon a clear appreciation and understanding of the facts, implications and future consequences of that action, and the possession of all relevant facts at the time when consent is given.

FPIC is not a stand-alone right, but one that is considered essential to the recognition and protection of other legal and/or customary rights and is based on the collective right of self-determination.

FPIC involves building good and mutually beneficial relationships with a legal and/or customary rights holder affected by forest operations (management activities) conducted by an Organization.

The FSC Remedy Framework requires that FPIC processes are carried out when affected rights holders are present within the impact area. FPIC also establishes a framework for the participation of rights holders in decision making on remedy activities that affect their rights.

FPIC begins, at a minimum, with good faith and informed engagement processes with all affected persons, including women and those particularly vulnerable, with full respect for human rights.
There are two critical questions influencing the scope of an FPIC process:

1. Who are the holders of legal and/or customary rights in and around the MU and in addition to the identification of legal and/or customary rights, a critical scoping factor for an FPIC process is the effect of unacceptable activities on identified rights.
2. What rights are affected by the unacceptable activity?

Prior to applying FPIC as required by the remedy framework, it is important to first identify the affected rights holder that are present within the impact areas and the legal or customary rights these persons and groups have within the impact area prior to the violation of unacceptable activities.