Institutional and legal contexts of FSC certification in natural and plantation forestry in Brazil [Working Paper 67]

This study compares requirements for Forest Stewardship Council (FSC) forest management certification

for plantation and natural forests in relation to social outcomes for four stakeholder groups (i.e.,

workers, traditional and indigenous populations, and other local communities) with the requirements

of Brazilian law. We first identified all indicators related to social outcomes in the two FSC certification

standards for natural forest management (NFM), approved in 2001 and 2025, and the two for forestry

plantations, approved in 2014 and 2025. We then compared them to the national legal framework of

Brazil. We also analysed the evolution of the NFM and plantation forestry standards over time (2001–

2025 and 2014–2025, respectively). As a general result, we did not find any indicators to be antagonistic

(i.e., no indicators contradict Brazilian law) and, in fact, we found that many are reinforcing (i.e.,

redundant with the law on paper). Among the indicators that establish new requirements or extend

the requirements of Brazilian law (additional and complementary, respectively), we found several that

could fall into either of these categories for the same stakeholder group depending on the land tenure

of the management unit (MU) (i.e., public versus private lands). Most FSC indicators affecting workers

and traditional and indigenous peoples are reinforcing. This reflects, first, the long history of improving

labour conditions in the country since the creation of the Brazilian Labour Code (CLT 1943), and second,

the influence of International Labour Organization (ILO) 169 and related international commitments on

Brazilian law. On the other hand, the rights of traditional communities are not legally secure outside

territories formally acknowledged by the law, such as extractive reserves and quilombos. Thus, for this

stakeholder group, many FSC indicators are additional on paper. Finally, other local communities rarely

have any type of customary rights secured by Brazilian law. This means that FSC indicators also establish

new considerations for them, including mitigating and compensating impacts from forestry operations;

engaging community members in consultations and educational actions; and providing opportunities

for local economic development. The transition from the older standards (2001 and 2014 for NFM and

plantation forestry, respectively) to the new standards (2025) introduced new concepts and, hence,

new requirements. Many of these relate to Free, Prior and Informed Consent (FPIC) and culturally

appropriate engagement. The new standards also expand in a significant way the need for inclusive

forestry labour force and decision-making processes. Likewise, there is now a specific requirement to

support local communities by broadening the services provided by forests to benefit the surrounding

social groups. Other novel elements introduced by the new standards relate to compliance with anti-

corruption policies, and timely resolution of conflicts and disputes, which can provide substantial

additional benefits to individuals raising grievances.