Principle 5: Benefits From the Forest Principle 6: Environmental Impact Principle 7: Management Plan Principle 8: Monitoring and Assessment Principle 9: Maintenance of High Conservation Value Forests Principle 10: Plantations Principle 1: Compliance with Laws and FSC Principles Principle 2: Tenure and Use Rights and Reponsibilities Principle 3: Indigenous People's Rights Principle 4: Community Relations and Workers' Rights


Principle# 3: Indigenous Peoples Rights

The legal and customary rights of indigenous peoples to own, use and manage their territories and resources shall be recognized and respected.

3.1 Indigenous peoples shall control forest management on their lands and territories unless they delegate control with free and informed consent to other agencies.

Applicability: Criterion 3.1 applies to lands under legal control of tribes.

 

3.1.a. Tribal forest management is authorized by clear and legal delegations and contracts.

 

3.1.b. Forest management planning on tribal lands includes a process for input by tribal members in accordance with their laws and customs.

 

3.1.c. Forest management on tribal lands takes place only after securing the informed consent of tribes or individuals (such as allottees) whose forest is being considered for management.

 

3.1.d. Forest owners or managers utilize tribal experience, knowledge, practices, and insights in forest management planning and operations on tribal lands.

 

3.1.e. Forest management on tribal lands complies with tribal resource management laws and other standards set by the tribes regarding their resources.

 

3.2 Forest management shall not threaten or diminish, either directly or indirectly, the resources or tenure rights of indigenous peoples.

Applicability: This criterion refers to tribal claims on tribally-owned lands, lands where tribes have or claim tenure rights, and lands ceded by treaty.

 

3.2.a. Forest owners or managers identify Native American tribal groups that have current legal or customary use-rights to the management area.

 

3.2.b. Forest owners or managers contact tribes and groups with current legal or customary use-rights to the management area and invite their participation in planning forestry operations. Results of contacting tribal representatives are documented.

 

3.2.c. On lands adjacent to tribal lands or falling within watersheds that affect tribal lands, steps are taken to ensure that forest management does not adversely affect tribal resources.

 

3.3 Sites of special cultural, ecological, economic or religious significance to indigenous peoples shall be clearly identified in cooperation with such peoples, and recognized and protected by forest managers.

3.3.a. Forest owners or managers request the participation and input of tribal representatives in identification of sites of current or traditional significance within the property proposed for certification:

For example, areas of significance may include:

    • legally recognized use rights to the property granted by treaty with Federal or State governments, including ceremonial or religious use, hunting, fishing, gathering, etc.
    • traditional or contemporary uses of the land by native persons, not legally binding on the landowner by treaty, ceded rights, etc., including:
  • traditional and contemporary religious sites
  • sites of historical or cultural significance, such as burial sites or village sites
  • gathering areas for culturally important or ceremonial materials such as basket materials, medicinal herbs, or plant materials used in dances
  • gathering areas for subsistence foods such as mushrooms, berries, acorns, etc.

 

3.3.b. Using the recommendations of tribal representatives, forest owners or managers develop measures to protect or enhance areas of special significance.

 

3.3.c. Confidentiality of disclosures is maintained in keeping with applicable laws and the requirements of tribal representatives.

 

3.3.d. The forest owner or manager makes a systematic effort to identify areas of indigenous, cultural, historical, or religious significance.

For example, existing heritage and cultural databases are consulted.

 

3.4 Indigenous peoples shall be compensated for the application of their traditional knowledge regarding the use of forest species or management systems in forest operations. This compensation is formally agreed upon with their free and informed consent before forest operations commence.

3.4.a. Forest owners or managers respect the confidentiality of tribal knowledge and assist in the protection of tribal intellectual property rights.

 

3.4.b. Where indigenous intellectual property and forest products are commercially exploited, a written agreement with individuals and/or tribes is reached prior to commercialization.

 

Principle 1:Compliance with Laws and FSC Principles
Principle 2: Tenure and Use Rights and Responsibilities
Principle 3: Indigenous People's Rights | Principle 4: Community Relations and Workers Rights
Principle 5: Benefits from the Forest
| Principle 6: Environmental Impact | Principle 7: Management Plan
Principle 8: Monitoring and Assessment | Principle 9: Maintenance of High Conservation Value Forests
Principle 10: Plantations