Deforestation, REDD and international law

International environmental law governing conservation and management of forests has been largely limited to soft-law instruments. Nevertheless, increasing attention has been given to forest issues, most recently in the context of the climate change regime and the reducing emissions from deforestation and degradation (REDD) mechanism. The current law impacting upon the protection of forests and the contribution of emissions from deforestation will be considered in this chapter. The way forward will be explored, including the current options being considered for the post-Kyoto period.

Estimating Global ���Blue Carbon��� Emissions from Conversion and Degradation of Vegetated Coastal Ecosystems

Recent attention has focused on the high rates of annual carbon sequestration in vegetated coastal ecosystems���marshes, mangroves, and seagrasses���that may be lost with habitat destruction (���conversion���). Relatively unappreciated, however, is that conversion of these coastal ecosystems also impacts very large pools of previously-sequestered carbon. Residing mostly in sediments, this ���blue carbon��� can be released to the atmosphere when these ecosystems are converted or degraded. Here we provide the first global estimates of this impact and evaluate its economic implications. Combining the best available data on global area, land-use conversion rates, and near-surface carbon stocks in each of the three ecosystems, using an uncertainty-propagation approach, we estimate that 0.15���1.02 Pg (billion tons) of carbon dioxide are being released annually, several times higher than previous estimates that account only for lost sequestration. These emissions are equivalent to 3���19% of those from deforestation globally, and result in economic damages of $US 6���42 billion annually. The largest sources of uncertainty in these estimates stems from limited certitude in global area and rates of land-use conversion, but research is also needed on the fates of ecosystem carbon upon conversion. Currently, carbon emissions from the conversion of vegetated coastal ecosystems are not included in emissions accounting or carbon market protocols, but this analysis suggests they may be disproportionally important to both. Although the relevant science supporting these initial estimates will need to be refined in coming years, it is clear that policies encouraging the sustainable management of coastal ecosystems could significantly reduce carbon emissions from the land-use sector, in addition to sustaining the well-recognized ecosystem services of coastal habitats.

Designing REDD+ to be just : considerations for a legally binding instrument

The international climate regime is in the process of negotiating a legally binding instrument concerning Reducing Emissions from Deforestation and Degradation (REDD+). The paper starts by exploring the complex web of decisions and advices that currently regulate REDD+ initiatives within the international climate regime. This is followed by an analysis of justice issues raised by non-state actors in the REDD+ international negotiations. The paper concludes by building on this analysis to identify some relevant considerations when seeking to design a just and legally binding REDD+ instrument. These considerations include: the impact of market- versus fund-based investment channels, the importance of defining a clear objective; the inclusion and role of international principles such as sovereignty, preventative action, common but differentiated responsibility, sustainable development, and Free, Prior, and Informed Consent; the appropriate design of REDD+ safeguards and the inclusion of grievance mechanisms within the instrument which provide guidance on resolving disputes associated with REDD+ investment.

Protecting degraded rainforests: enhancement of forest carbon stocks under REDD+

The likely Reducing Emissions from Deforestation and Degradation (REDD+) mechanism includes strategies for the enhancement of forest carbon stocks. Recent concerns have been expressed that such enhancement, or restoration, of forest carbon could be counterproductive to biodiversity conservation, because forests are managed as ���carbon farms��� with the application of intensive silvicultural management that could homogenize diverse degraded rainforests. Restoration increases regeneration rates in degraded forest compared to naturally regenerating forest, and thus could yield significant financial returns for carbon sequestered. Here, we argue that such forest restoration projects are, in fact, likely to provide a number of benefits to biodiversity conservation including the retention of biodiversity, the prevention of forest conversion to agriculture, and employment opportunities for poor local communities. As with other forms of forest-based carbon offsets, there are possible moral hazard and leakage problems with restoration. However, due to the multiple benefits, we urge that enhancement of forest carbon stocks be detailed as a major component in the future negotiations of REDD+.

Deforestation and forest degradation in India - implications for REDD+

Reducing emissions from deforestation and forest degradation (REDD+) is considered as an important mechanism under the UNFCCC aimed at mitigating climate change. The Cancun Agreement on REDD mechanism has paved the way for designing and implementation of REDD+ activities, to assist countries experiencing large-scale deforestation and forest degradation. Contrary to the general perception, the present analysis shows that India is currently experiencing deforestation and forest degradation. According to the latest assessment of the Forest Survey of India, the net annual loss of forests is estimated to be 99,850 ha during the period 2007-2009, even though the total area under forests has increased. The REDD+ mechanism aims to provide financial incentives for reducing deforestation and forest degradation. India, despite having robust legislations, policies and remote sensing capabilities, is not ready to benefit from the emerging REDD+ mechanism, with potential flow of large financial benefits to rural and forest-dependent communities from international financial sources.

Mining in Ghana���s forests: cross-sectoral linkages and the prospects for REDD

Strategies to Reduce Emissions from Deforestation and Degradation (REDD) are being pursued in numerous developing countries. Proponents contest that REDD mechanisms could deliver sustainable development by contributing to both environmental protection and economic development, particularly in poor forest communities. However, among the challenges to REDD, and natural resource management more generally, is the need to develop a comprehensive understanding of cross-sectoral linkages and addressing how they impact the pursuit of sustainable development. Drawing on an exploratory case-study of Ghana, this paper aims to outline the linkages between the forestry and minerals sectors. It is argued that contemporary debates give incommensurate attention to the reclamation of large-scale mine sites located in forest reserves, and neglect to consider more nuanced links which characterise the forestry-mining nexus in Ghana. A review of key stakeholders further elucidates the complex networks which characterise these linkages and highlights the important role of traditional authorities in governing across sectors. If the multiple roles of local resource users and traditional authorities continue to be neglected in policy mechanisms, schemes such as REDD will continue to fall short of achieving sustainable development.

The legal nature of justice in REDD+

Formation of Reduced Emissions from Deforestation and Degradation (REDD+) policy within the international climate regime has raised a number of discussions about ���justice���. REDD+ aims to provide an incentive for developing countries to preserve or increase the amount of carbon stored in their forested areas. Governance of REDD+ is multi-layered: at the international level, a guiding framework must be determined; at the national level, strong legal frameworks are a pre-requisite to ensure both public and private investor confidence and at the sub-national level, forest-dependent peoples need to agree to participate as stewards of forest carbon project areas. At the international level the overall objective of REDD+ is yet to be determined, with competing mitigation, biological and justice agendas. Existing international law pertaining to the environment (international environmental principles and law, IEL) and human rights (international human rights law, IHRL) should inform the development of international and national REDD+ policy especially in relation to ensuring the environmental integrity of projects and participation and benefit-sharing rights for forest dependent communities. National laws applicable to REDD+ must accommodate the needs of all stakeholders and articulate boundaries which define their interactions, paying particular attention to ensuring that vulnerable groups are protected. This paper i) examines justice theories and IEL and IHRL to inform our understanding of what ���justice��� means in the context of REDD+, and ii) applies international law to create a reference tool for policy-makers dealing with the complex sub-debates within this emerging climate policy. We achieve this by: 1) Briefly outlining theories of justice (for example ��� perspectives offered by anthropogenic and ecocentric approaches, and views from ���green economics���). 2) Commenting on what ���climate justice��� means in the context of REDD+. 3) Outlining a selection of IEL and IHRL principles and laws to inform our understanding of ���justice��� in this policy realm (for example ��� common but differentiated responsibilities, the precautionary principle, sovereignty and prevention drawn from the principles of IEL, the UNFCCC and CBD as relevant conventions of international environmental law; and UNDRIP and the Declaration on the Right to Development as applicable international human rights instruments) 4) Noting how this informs what ���justice��� is for different REDD+ stakeholders 5) Considering how current law-making (at both the international and national levels) reflects these principles and rules drawn from international law 6) Presenting how international law can inform policy-making by providing a reference tool of applicable international law and how it could be applied to different issues linked to REDD+. As such, this paper will help scholars and policy-makers to understand how international law can assist us to both conceptualise and embody ���justice��� within frameworks for REDD+ at both the international and national levels.

A study on energy issues in the Caribbean: potential for mitigating climate change

The United Nations Economic Commission for Latin America and the Caribbean (ECLAC) is seeking to provide support to the Governments of Guyana, Jamaica and Barbados in researching the potential for employing renewable energy technologies to mitigate climate change. This exercise involves the study of different types of renewable technologies and mitigative strategies, with the aim of making recommendations to the governments on the development of their renewable energy sector. The recommendations may also assist in achieving their long-term objectives of reducing poverty and promoting healthy economies and sustainable livelihoods in keeping with the Millennium Development Goals. Guyana, Jamaica and Barbados each face common and specific challenges in their efforts to adequately define and implement their energy and climate policies, in a way that allows them to contribute to the mitigation effort against climate change, while promoting sustainable development within their countries. Each country has demonstrated an understanding of the global and national challenges pertaining to climate change. They have attempted to address these challenges through policies and various programmes implemented by local and international agencies. Documented and undocumented policies have sought to outline the directions to be taken by each territory as they seek to deploy new technologies to address issues related to energy and the environment. While all territories have sought to deploy multiple alternate and renewable technologies simultaneously, it is clear that, given their sizes and resource limitations, no one territory can achieve excellence in all these areas. Guyana has demonstrated the greatest potential for hydro energy and should pursue it as their main area of expertise. The country also has an additional major strategy that includes forest credits and the Reduced Emissions from Deforestation and Degradation (REDD) programme. This approach will be brought to the negotiation table in the upcoming climate change meeting in Copenhagen in December 2009. Of the three countries, Jamaica has the only active significant wind farm deployment, while Barbados has a long tradition in solar energy. Each country might then supplement their energy and fuel mix with other energy and fuel sources and draw from the experience of other countries. Given the synergies that might accrue from adopting a regional approach, the Caribbean Community Climate Change Centre (CCCCC) might be well positioned to play a coordinating role. This focus on renewable energy and biofuels should yield good, long-term results as it relates to mitigation against climate change, and good, short- and medium-term results as it relates to the development of sustainable economies. Each country might also achieve energy security, reduced oil dependence, significant reduction in harmful emissions and better foreign exchange management if they pursue good policies and implementation practices. Human and financial resources are critical to the success of planned interventions, and it will be necessary to successfully mobilize these resources in order to be effective in executing key plans.

Opportunities for forest finance under the International climate change regime

The international climate change regime has the potential to increase revenue available for forest restoration projects in Commonwealth nations. There are three mechanisms which could be used to fund forest projects aimed at forest conservation, forest restoration and sustainable forest management. The first forest funding opportunity arises under the clean development mechanism, a flexibility mechanism of the Kyoto Protocol. The clean development mechanism allows Annex I parties (industrialised nations) to invest in emission reduction activities in non-Annex 1 (developing countries) and the establishment of forest sinks is an eligible clean development mechanism activity. Secondly, parties to the Kyoto Protocol are able to include sustainable forest management activities in their national carbon accounting. The international rules concerning this are called the Land-Use, Land-Use Change and Forestry Guidelines. Thirdly, it is anticipated that at the upcoming Copenhagen negotiations that a Reduced Emissions from Deforestation and Degradation (REDD) instrument will be created. This will provide a direct funding mechanism for those developing countries with tropical forests. Payments made under a REDD arrangement will be based upon the developing country with tropical forest cover agreeing to protect and conserve a designated forest estate. These three funding options available under the international climate change regime demonstrate that there is potential for forest finance within the regime. These opportunities are however hindered by a number of technical and policy barriers which prevent the ability of the regime to significantly increase funding for forest projects. There are two types of carbon markets, compliance carbon markets (Kyoto based) and voluntary carbon markets. Voluntary carbon markets are more flexible then compliance markets and as such offer potential to increase revenue available for sustainable forest projects.

Can REDD+ reconcile local priorities and needs with global mitigation benefits? lessons from Angai Forest, Tanzania

The scope of the reducing emissions from deforestation and forest degradation (REDD) mechanism has broadened REDD+ to accommodate different country interests such as natural forests, protected areas, as well as forests under community-based management. In Tanzania the REDD+ mechanism is still under development and pilot projects are at an early stage. In this paper, we seek to understand how local priorities and needs could be met in REDD+ implementation and how these expectations match with global mitigation benefits. We examine the local priorities and needs in the use of land and forest resources in the Angai Villages Land Forest Reserve (AVLFR) in the Liwale District of Lindi Region in Tanzania. Primary data was collected in two villages, Mihumo and Lilombe, using semistructured key informant interviews and participatory rural appraisal methods. In addition, the key informant interviews were conducted with other village, district, and national level actors, as well as international donors. Findings show that in the two communities REDD+ is seen as something new and is generating new expectations among communities. However, the Angai villagers highlight three key priorities that have yet to be integrated into the design of REDD+: water scarcity, rural development, and food security. At the local level improved forest governance and sustainable management of forest resources have been identified as one way to achieve livelihood diversification. Although the national goals of REDD+ include poverty reduction, these goals are not necessarily conducive to the goals of these communities. There exist both structural and cultural limits to the ability of the Angai villages to implement these goals and to improve forestry governance. Given the vulnerability to current and future climate variability and change it will be important to consider how the AVLFR will be managed and for whose benefit?

Linking Reduced Deforestation and a Global Carbon Market: Impacts on Costs, Financial Flows, and Technological Innovation

25 p.

Locking-in carbon, locking-out livelihoods? ASM and REDD in Sub-Saharan Africa

This paper examines the potential mutual conflict between interventions aimed at formalising artisanal and small-scale mining (ASM) on the one hand, and policies implemented in response to the Reducing Emissions from Deforestation and Forest Degradation (REDD) initiative on the other. Deforestation caused by ASM undermines sound forest management, and potentially threatens the implementation of REDD. Conversely, the adoption of REDD could further marginalise and criminalise the ASM sector, reducing its contribution to poverty alleviation. Reviewing a series of commonalities between ASM and forest management highlights many difficulties facing policy-makers. Potentially, contradictory outcomes of evolving governance arrangements means novel cross-sectoral institutions will be required in order to realise the full potential of REDD and ASM to address poverty reduction in a complementary fashion. The analysis reiterates the centrality of livelihoods to REDD and the need for policies to take into account local contexts.

Engaging Local Communities in Low Emissions Land-Use Planning: a Case Study from Laos

Reducing Emissions from Deforestation and Forest Degradation and enhancing forest carbon stocks (REDD+) is a performance-based payment mechanism currently being debated in international and national environmental policy and planning forums. As the mechanism is based on conditionality, payments must reflect land stewards��� level of compliance with carbon-efficient management practices. However, lack of clarity in land governance and carbon rights could undermine REDD+ implementation. Strategies are needed to avoid perverse incentives resulting from the commoditization of forest carbon stocks and, importantly, to identify and secure the rights of legitimate recipients of future REDD+ payments. We propose a landscape-level approach to address potential conflicts related to carbon tenure and REDD+ benefit sharing. We explore various land-tenure scenarios and their implications for carbon ownership in the context of a research site in northern Laos. Our case study shows that a combination of relevant scientific tools, knowledge, and participatory approaches can help avoid the marginalization of rural communities during the REDD+ process. The findings demonstrate that participatory land-use planning is an important step in ensuring that local communities are engaged in negotiating REDD+ schemes and that such negotiations are transparent. Local participation and agreements on land-use plans could provide a sound basis for developing efficient measurement, reporting, and verification systems for REDD+.