Accra Caucus on and Climate Change June 2010 Accra Caucus Case studies from the Reducing Vision for An Alternative forests: protecting Realising rights,

The Accra Caucus on Forests Contributors: Contents Alejandro Alemán, Centro Humbolt - Nicaragua and Climate Change is a Bernadinus Steni, Association for Community 1 Introduction 04 network of southern and and Ecologically Based Law Reform (HuMa) - 2 Participation 08 northern NGOs representing Indonesia Bhola Bhattarai, Nabaraj Dahal and Rijan Tamraka, Indonesia - Better governance in the around 100 civil society Federation of Users Nepal sector, or business as usual? 10 and Indigenous Peoples’ (FECOFUN) - Nepal Charles Meshack, Tom Blomley and Nike Doggart, Ecuador - Building REDD+: the need for social organizations from 38 Tanzania Conservation Group - Tanzania participation and the inclusion of indigenous and other forest-dependent peoples 14 countries, formed at the Rahima Njaidi, Tanzanian Network of Community United Nations Framework Forest Associations (MJUMITA) - Tanzania Democratic Republic of Congo - Indigenous Grant Rosoman, Greenpeace - New Zealand peoples’ and local communities’ participation in REDD Preparation 17 Convention on Climate Kate Dooley, FERN - Belgium and UK Change (UNFCCC) meeting Lourdes Barragán, Centro de Planificación y 3 Land and resource rights 20 Members of the Accra Caucus are Estudios Sociales (CEPLAES) - Ecuador located in the following countries: in Accra, Ghana in 2008. Brazil - Maintaining the resilience of Natalie Unterstell and Erika Yamada, Instituto indigenous territories 22 Australia Nepal Socioambiental (ISA) - Brazil Belgium Netherlands The Caucus works to place Nathaniel Dyer, Foundation UK Cameroon - Challenges for REDD within Bolivia New Zealand current land and forest tenure legislation 25 Brazil Nicaragua the rights of indigenous Raja Jarrah, CARE International Cameroon Norway and forest communities at Roger Muchuba, Reseau Ressources Naturelles Papua New Guinea - Dreaming of ‘sky money’: Central African Republic Paraguay (RRN) + Dynamique des Groupes des Peuples how carbon-trading schemes are undermining Congo Brazzaville Peru the centre of negotiations Autochtones (DGPA) - Democratic Republic indigenous peoples’ rights 28 Denmark Philippines of Congo DR Congo Papua New on Reducing Emissions 4 Community forests 31 Ecuador Guinea Samuel Nnah Ndobe, Centre for Environment and Gabon South Africa from Deforestation and Development (CED) - Cameroon Tanzania - Making REDD work for people and Germany Sweden Degradation (REDD), and to Siri Damman, Rainforest Foundation Norway forests: lessons from participatory forest Ghana Tanzania management 33 Guyana Thailand ensure that efforts to reduce Thomas Paka, PNG Eco-Forestry Forum (EFF) - Indonesia Togo Papua New Guinea deforestation promote good Nepal - Is Community Italy Uganda Vanda Altarelli, SONIA - Italy the most viable option for implementing Kenya UK REDD+? 36 Liberia governance and are not USA Malaysia Vietnam Editing: 5 Conclusion 38 a substitute for emission Edward Fenton reductions in industrialised Design by: countries. Helen Garley

Additional research by: Jenny Calder

Special thanks to: Clare Morgan

Featured case studies on:

Participation

Cover photo: Community forest management in Tanzania. Land and (c) Charles Leonard Meshack. resource rights

ISBN: 978-1-906131-09-8 Community forests The Accra Caucus for Forests and Reducing Emissions from Deforestation and (REDD) was broadly 1 Climate Change is a coalition of welcomed into the United Nations Framework Introduction NGOs from the Global North and Convention on Climate Change (UNFCCC), on the South,1 which have followed the basis of the double urgency to halt deforestation and address climate change. In many sectors, negotiations at the UNFCCC since REDD is seen as a quick, feasible, cost-effective 2008. In this report the Caucus and economically viable mechanism for tackling global warming. Developed countries have proposes an alternative vision for signalled their willingness to provide incentives achieving the objective of reducing for keeping tropical forests standing, in order to deforestation, arguing for policies reduce emissions of carbon2 into the atmosphere. These incentives are intended to provide and actions that would tackle the sufficient income for tropical forest countries to drivers of deforestation, rather than pursue alternative models of development.

focusing exclusively on carbon. Properly managed, a programme to reduce Drawing on case studies from deforestation and degradation could benefit organisations with experience of not only the global climate but also The fruits of community forests in Tanzania and the livelihoods and rights of forest-dwellers. © Dorthe Friis Perdersen working with forest communities, However, there are concerns that REDD may the report highlights problems allow polluters in the North to continue ‘business as usual’ while removing land and resource rights types, and are more resilient against fires than linked to the implementation of from forest-dependent peoples in the global logged forests. In order to counteract climate REDD and suggests ways in which South. Furthermore, depending on the definition change and keep the forests standing in the long policies to reduce deforestation of ‘forest’ adopted, REDD may perversely favour term, therefore, the key objective must be the activities and over the protection of forests, not the preservation of can actually work on the ground. protection and restoration of natural forests. carbon stocks. Through case studies from selected Therefore REDD is a double-edged sword which Forests also provide critical resources for countries the report highlights could have serious negative consequences, communities adapting to the impacts of climate three critical components: full environmentally and socially, while doing little change. 60 million indigenous peoples live in the and effective participation to reduce carbon emissions. Climate negotiators of South America, South-East Asia must understand that in addition to the global and Central Africa, where their ancestors have (Indonesia, Ecuador, Democratic climate, biodiversity and the livelihoods of forest- been custodians of forests for thousands of years. Republic of Congo); secured and dependent communities and indigenous peoples A further 350 million people live in, or next to, are also at stake. dense forests and rely on them for subsistence equitable land rights (Brazil, or income.4 To protect the forests effectively, the Cameroon, Papua New Guinea) The influential Stern Review (2007) and Eliasch rights and interests of forest-dependent peoples and community-based forest Review (2008) argued that is must be ensured. economically viable, and that it is cheaper and management (Tanzania, Nepal). more cost-effective for industrialised countries to When forest-dependent communities gain control reduce greenhouse gas emissions through REDD over forest resources, they can protect them payments than to transform their unsustainable against destruction by others. A recent World This report is intended primarily fossil fuel-dependent economies and production Bank study found that the areas with the most 3 04 for opinion-formers and decision- systems. The Stern Review deals briefly with the effective protection against deforestation were 05 makers with a role in making and multiple functions of forests and the importance those under indigenous self-governance.5 Yet the of land rights, but these messages tend to be voices and concerns of indigenous peoples and influencing national policy and ignored by policy-makers and market actors local communities have been largely absent from legislation on REDD. The case for whom forests are ‘carbon’ equivalents to be the climate debate. Not until recently, through bought and sold. mobilisation within the indigenous movement studies show that respecting the and other networks, has civil society6 managed rights and realities of indigenous Ultimately the UNFCCC is a climate convention, to raise the issues of the rights and interests peoples and forest-dependent not a carbon convention. While forests play of indigenous peoples and local communities a crucial role in , they in REDD. But the role of local ownership and communities is the only way also affect climate in other ways. They play an land rights in reducing deforestation is now on to ensure that the forests important role in regulating ground water and the negotiating table: and this has increased rainfall, and thereby influence the climate in the attention given to critical issues such remain standing. areas far beyond the forests themselves. Forests as land tenure and territorial rights, forest also lessen the impact of natural disasters, for governance, community management, meaningful instance by functioning as physical barriers participation, and the right of indigenous against heavy winds and landslides. Intact natural peoples to freely give or withhold their consent. forests sequester more carbon than other forest Case studies from the Accra Caucus - Introduction the Accra from Case studies Caucus - Introduction the Accra from Case studies These issues need to be respected by powerful implemented through bilateral agreements Box 1: What do we mean by free, prior and informed consent (FPIC)? stakeholders in negotiations on forests and and – worryingly – driven by international climate change. organisations and various market actors, without adequate civil society participation, transparency ‘Free, prior and informed consent’ as stated in When? A human rights-based approach provides or accountability. Since REDD has so far been the UN Declaration on the rights of indigenous overarching frameworks for national laws and characterised by poor consultation processes, peoples (UN 2007) can be understood as FPIC should be sought sufficiently in advance 7 regulations, and it should be applied to all policy it should come as no surprise that indigenous follows: of commencement or authorization of activities, sectors and development planning, including peoples tend to be sceptical. This may be based taking into account indigenous peoples’ agriculture, forests, and REDD. According to the on a general mistrust of governments due to • Free should imply no coercion, intimidation own decision-making processes, in phases International Labour Organization’s Convention former negative experiences, but also on a or manipulation; of assessment, planning, implementation, 169 on the Rights of Indigenous and Tribal distrust of market-based solutions to the climate • Prior should imply consent has been sought monitoring, evaluation and closure of a project. 11 Peoples (ILO 169) and the United Nations problem. Market-based REDD was rejected as a sufficiently in advance of any Declaration on the Rights of Indigenous Peoples ‘predatory policy’ by civil society at the Bolivian authorization or commencement of activities Who? (UNDRIP), indigenous peoples have a collective World peoples summit in Cochabamba in and respect time requirements of 12 right to the territories they depend on for their April 2010. indigenous consultation/consensus processes; Indigenous peoples should specify which livelihoods. They also have the right, as peoples, representative institutions are entitled to express 1 A full list of members of the Accra Caucus is available on request • Informed should imply that information is to make their own development strategies within provided that covers (at least) the following consent on behalf of the affected peoples or these areas. UNDRIP was adopted at the UN 2Throughout this report the term “carbon” is used as shorthand for greenhouse gas emissions and their carbon dioxide equivalents aspects: communities. In FPIC processes, indigenous General Assembly in September 2007, with only 3 peoples, UN Agencies and governments should four countries voting against.8 Stern, N (2007) The Economics of Climate Change: Stern Review. Cambridge, Cambridge University Press and Eliasch (2008) Climate Change: Financing Global a. The nature, size, pace, reversibility and scope ensure a gender balance and take into account Forests (Eliasch Review) UK Office of Climate Change. of any proposed project or activity; the views of children and youth as relevant. 4 According to Article 32 of the UNDRIP, ‘States Mayers J, Vermeulen S (2002) Power from the : How Good Forest b. The reason/s or purpose of the project and shall consult and cooperate in good faith with the Governance Can Help Reduce Poverty. WSSD Opinion Series. London: International Institute for Economic Development. According to World Bank estimates, forest /or activity; How? Indigenous Peoples concerned through their free, resources directly contribute to the livelihood of about 90% of the 1.2 billion people living in extreme poverty (see A Revised Forest Strategy for the World c. The duration of the above; prior, and informed consent prior to the approval Bank Group; World Bank, October 2002). d. The locality of areas that will be affected; Information should be accurate and in a form of any project affecting their lands or territories 5 Nelson A, Chomitz KM (2009) Protected area effectiveness in reducing tropical e. A preliminary assessment of the likely that is accessible and understandable, including deforestation. World Bank Independent Evaluation Group; Evaluation Brief. and other resources, particularly in connection economic, social, cultural and environmental in a language that the indigenous peoples will with the development, utilization or exploitation 6 In this report “civil society” is used to include indigenous peoples, NGOs and local fully understand. The format in which information communities. impact, including potential risks and fair and of water, mineral or other resources.’ equitable benefit sharing in a context is distributed should take into account the 7UN (2003) The Human Rights-Based Approach to Development Cooperation. Towards a Common Understanding Among UN Agencies. that respects the precautionary principle; oral traditions of indigenous peoples and their The ‘other resources’ mentioned here would 8 f. Personnel likely to be involved in the languages. also include REDD compensations. Free, prior United States of America, Canada, Australia and New Zealand. Australia subsequently reversed their position in 2009, and at the UN Permanent Forum on execution of the proposed project (including and informed consent9 implies a right to a good Indigenous Issues (UNPFII) in 2010, New Zealand declared its support for UNDRIP, at the same event the United States pledged to re-examine its position indigenous peoples, private sector staff, ILO 169 process, and provides an opportunity for real 9 research institutions, government employees influence and equal dialogue between potential In contemporary international law, indigenous peoples have the right to participate in decision making and to give or withhold their consent to activities and others) Through ILO 169, indigenous peoples have the partners (see Box 1). affecting their lands, territories and resources or rights in general. Consent must be freely given, obtained prior to implementation of activities and be founded upon g. Procedures that the project may entail. right to, “Decide their own priorities for the an understanding of the full range of issues implicated by the activity or decision process of development as it affects their lives, Three of the countries featured in this report in question; hence the formulation: free, prior and informed consent. From: Colchester, M. and MacKay, F. (2004) In Search of Middle Ground: Indigenous Consent beliefs, institutions and spiritual well-being and – Brazil, Ecuador and Nepal – have ratified ILO Peoples, Collective Representation and the Right to Free, Prior and Informed Consent. Forest Peoples Program. Pp.8-14. the lands they occupy or otherwise use, and to Convention 169. The convention provides that 10 Consultation and participation are crucial exercise control, to the extent possible, over their states have an obligation to consult indigenous This is because historical precedence is not the only criterion used to identify which groups can be covered by ILO 169. Other factors to be take into components of a consent process. Consultation own economic, social and cultural development.” peoples, through their representative institutions, consideration include the existence of cultural, social and economic conditions, and of special customary laws and traditional for their internal regulation. should be undertaken in good faith. The parties prior to the consideration of any legislative or 11 should establish a dialogue allowing them to Under ILO 169, consultation should be undertaken administrative measures that are likely to ICP (2010) Declaration of the Latin American Indigenous Forum on Climate Change. Indigenous Climate Portal. find appropriate solutions in an atmosphere in good faith and in a form appropriate to the affect them. 12Final conclusion working group 14 on Forests: http://pwccc.wordpress. of mutual respect in good faith, and full and circumstances, with the objective of achieving 06 com/2010/04/29/final-conclusions-working-group-14-forests/#more-1811 equitable participation. Consultation requires agreement or consent to the proposed measures. Indigenous peoples have a collective right to time and an effective system for communicating lands and territories under ILO 169, as well as to among interest holders. Indigenous peoples Source: Excerpt from the Report of the resources on their lands. Non-indigenous forest- should be able to participate through their own International Workshop on Methodologies dependent groups do not necessarily enjoy the freely chosen representatives and customary Regarding Free, Prior and Informed Consent same collective rights to land, self-determination or other institutions. The inclusion of a gender E/C.19/2005/3, endorsed by the UNPFII at its 10 and free, prior and informed consent , but perspective and the participation of indigenous Fourth Session in 2005. their land rights can be protected directly and women is essential, as well as participation of indirectly by a number of different national and children and youth as appropriate. This process international legal instruments, and governments may include the option of withholding consent. have a responsibility to ensure that they are Consent to any agreement should be interpreted participate fully in national REDD processes. as indigenous peoples have reasonably understood it. REDD comes in many shapes and forms, and national ‘REDD readiness’ plans are being developed under the World Bank’s Forest Carbon Partnership Facility (FCPF) and the REDD programme. Other REDD initiatives are Case studies from the Accra Caucus - Introduction the Accra from Case studies In discussions on reducing deforestation and legitimacy and a meaningful contribution from forest degradation, there tends to be much talk indigenous peoples and civil society. The first is 2 about participation and consultation of rights- that effective platforms exist, which allows for “No initiative to reduce Participation holders and stakeholders. This chapter outlines dissemination of information from the national what effective participation really means, why it level to the provinces and to local communities. deforestation can work is a fundamental part of establishing any policy In countries where this is not already in place, to tackle deforestation which will actually work this process can take several years. A platform without the confidence on the ground, and what happens when the for discussions on how to tackle deforestation process is rushed or ignored. Case studies from effectively and equitably is essential to build trust of local people, who Indonesia, Ecuador and the Democratic Republic between government, industry, rights-holders of Congo (DRC) illustrate these points. and civil society; without one, any intended must be given a policies are likely to fail on implementation. proper voice.” Marginalisation of indigenous and forest peoples The DRC case study outlines the engagement of the Groupe de Travail Climat REDD (GTCR) There has been a long history of marginalisation in the national REDD process, and shows how and alienation of indigenous and forest peoples this platform for indigenous peoples and civil The Indonesia case study shows how bureaucracy from lands, resources and territories, and there society can bring local issues and concerns to and unfair rules act as a barrier to the is evidence that REDD could further weaken the national decision-making level. It is essential involvement of indigenous peoples. New policies their position in some countries. In Indonesia that rights-holders are sufficiently well informed, on REDD have been enacted without proper there were 500 cases of social conflict related and the PNG case study (Chapter 3) shows what consultation, favouring existing concession- to oil palm in 2008 alone, while in DRC local can happen when REDD projects are imposed on holders and failing to recognise the rights of subsistence farming is often blamed for communities who have no understanding of what indigenous peoples. In the DRC it can be seen deforestation.13 Hence, as many communities are REDD is or how it will affect them. that rushed processes, for example to finalise a dependent on the forest for their livelihoods, it REDD Preparation Plan in time for a World Bank is essential that indigenous peoples and other The second requirement to achieve adequate deadline, compromises the ability for effective forest-dwellers are involved in every aspect participation is political will on all sides for participation, with far-reaching consequences. of the protection of forests, from the design a proper consultation process. Without this, In Ecuador, on the other hand, the government’s of any programme right up to its monitoring consultation is often used to legitimise a incentive programme for forest conservation, and evaluation. This participation extends process, the outcome of which has already been Socio Bosque, offers important lessons for the to the right to give (or withhold) consent, to determined. Participation should give scope for national REDD strategy, especially with regard to receive an equitable share of the benefits, and real dialogue, and governments should recognise the need for active participation of indigenous to play an active role in the implementation of that good consultation can serve a dual purpose organisations, respecting their internal structures activities, some examples of which can be seen by helping to improve the quality of the policy and allowing for autonomy over their territories. in the Ecuador case study. The case study from outcome, while also enhancing the involvement Indonesia shows how central government policy of those who will be directly affected. REDD has the potential to bring about the can continue to undermine the participation Consultation helps to ensure that proposals are administrative, legal and institutional reforms of rights-holders, and highlights the need rooted in the local context and therefore socially needed to tackle deforestation. The case for fundamental transformations in forest and technically viable and practically workable.16 studies from Indonesia and DRC show that governance to prevent REDD from adding to the The DRC case study illustrates the importance rushed processes do not allow for adequate historical conflict and inequity. of this, where civil society has challenged the consultation. Proper consultation processes government’s preference to engage international take time. Creating a false sense of urgency will No initiative to reduce deforestation can work experts who are not familiar with the geography undermine the quality of analysis, planning and without the confidence of local people, who of the regions. In Ecuador, meanwhile, the outcomes. Policies implemented under the rushed must be given a proper voice. Civil society plays constitution has raised important expectations and arbitrary deadlines of external actors fail to an essential role in raising awareness, working around participation and citizen involvement in address the concerns and rights of indigenous with forest-dependent communities and holding decision-making on the national REDD strategy peoples and local forest-dwellers – essential to 08 authorities to account. Experience from the which is to be constructed. It may provide building lasting policies which will work on the 09 17 European Union’s Forest Law Enforcement the political and legal framework needed to ground and avoid conflict. Participation is a key Governance and Trade (FLEGT) programme guarantee equitable participation in step, and attempts to reduce deforestation and has shown that getting all rights-holders and this process. forest degradation will not succeed without it. stakeholders around the table builds trust and 13 14 A 2010 report from the Rights and Resources Initiative (The End of the results in outcomes acceptable to civil society. Barriers to effective consultation Hinterland: Forests, Conflict and Climate Change) notes the unprecedented pressure on the world’s forests, and asks the question: ‘Who will drive the agenda This process takes time – time to ensure that all and who will make the decisions? ... On whose terms will the hinterland be rights-holders and stakeholders are involved, The main barriers to effective consultation integrated into global ... politics?’

time to accurately identify the drivers to include: uneven bargaining power between 14 Ozinga S, Leal R (2010) Forest Watch Special Report – Update Report on FLEGT interest groups; insufficient sharing of knowledge; Voluntary Partnership Agreements. http://www.fern.org/sites/fern.org/files/ deforestation, and time to clarify land tenure and VPA%20update.pdf 15 poorly planned processes and token efforts that benefit-sharing processes. 15 fail to give genuine power in decision-making Leal R (2009) Is REDD Undermining FLEGT? FERN, UK. 16 Consultation Requirements Under FLEGT. Logging Off. Briefing Note 1, March Requirements for effective consultation to forest-dependent communities and rights- 2008.

holders; inadequate lead times to meetings; or 17 The Forest Peoples Programme advises against target dates and schedules rushed and arbitrary deadlines which do not for national REDD policies, as they may create incentives for rushed proposals Two basic minimum requirements must be and inadequate consultation. See their 2009 publication Moving the Goal Posts? in place for a consultation process to ensure allow for effective consultation. Accountability Failures of the World Bank’s Forest Carbon Partnership Facility Case studies from the Accra Caucus - Participation the Accra from Case studies (FCPF). Rights, Forests and Climate Briefing Series. Caucus - Participation the Accra from Case studies Indonesia Cartels controlling forest In a regime where natural resources are fully Better governance in the controlled by government agencies, the opportunity to obtain a share of the earnings forestry sector, or business from forest production is determined by the as usual? degree of political connection to the centre of power. Until the 1990s, just ten companies held 228 logging concessions, covering 27 million By Bernad Steni, HuMa (Association for hectares of natural forest: equal to 45% of the Community and Ecologically Based Law 60 million hectares of forest that is allocated for Reform), Indonesia logging concessions.20

Today the main players in forest concessions are Following the Bali Conference of the Parties still companies owned by these conglomerates. (COP) in 2007, Indonesia was quick to change its In the past they operated like a cartel in which national forest policy to accommodate REDD. Yet the military, politicians or bureaucrats (the depending on how the Indonesian government ‘silent partners’) received equity of 20%–25% approaches the design of the REDD process, Making way for development? Bulldozers clear forested land, for ensuring the security and political protection Indigenous peoples must be allowed to participate in the and the initial policy decisions made, REDD may Indonesia development of REDD activities of the concessions.21 It seems that nothing has either reinforce the existing problems of poor changed since the fall of the New Order, and in governance in the forestry sector, or trigger 2004 the Financial Transaction Report Analysis an improvement towards greater democracy categories: protected forest (27%), conserved hectares into pulp and paper plantations, with Center found millions of rupiah in fifteen bank and participatory decision-making. Without forest (16%) and various categories of production devastating environmental and social impacts. accounts belonging to police officers, allegedly good governance a national REDD plan in forest (57%).18 Oil Palm Watch Indonesia noted that during from illegal transactions including illegal Indonesia is unlikely to have a positive effect 2008 there were more than 500 cases of conflict logging.22 on forests, indigenous peoples and other forest The political process in 1998, which led to the related to oil palm plantations. Since 1998, communities, or on the climate. New Order regime stepping down, was built on Indonesia has lost 126 species due to habitat loss Indigenous rights the promise of fundamental reform. A key reform as a result of such plantations, in places where This case study gives a summary of forest sector was decentralisation of power to the provincial indigenous peoples have lived as forest stewards State control over forest areas prevails over reform in Indonesia since 1967, and then critically and district levels for some control over natural for centuries. indigenous peoples’ traditional control of their evaluates current REDD policies and pilot resources. In 1999 a new TGHK reduced the area own forest. Customary forest ownership is not programmes. classified as state forest to about 120 million REDD policies recognised as a land right. Whatever concessions hectares. The data suggest that the status quo are made to communities through limited Legacy of forestry policies has prevailed since then, with some 72 million Indonesia has issued three policies on REDD: (1) a management licences, the state continues to hectares (60%) of forest defined as ‘limited and policy on demonstration activities, (2) guidelines claim the final authority to control forests. Since the first was promulgated permanent production forest’ since converted, for REDD, and (3) permit procedures for Carbon in 1967, Indonesia has been promoting forest and 33 million hectares (28%) of protected forest Sequestration and Carbon Sinks. All three Some legal opportunities for indigenous peoples exploitation as a major source of income. to be converted to production forest to meet policies are based on the standard approach to to increase access to forests do exist. Almost The government has continued with the legal economic needs. granting forest concessions used by the forestry all laws relating to natural resources provide a framework of the Dutch colonial era, retaining department. In short they continue the legacy of legal framework defining a phased approach many colonial legal concepts and doing little to The management of state forest has been a colonial forestry law, in a number of respects. to recognition of indigenous rights, along redefine policy to accommodate the new political failure in many respects. First, there has been a these lines: (1) the existence of indigenous realities of the independent state. contradiction between the principle of sustainable First, indigenous peoples are denied the right peoples should be recognised by the provincial forest management, which is the foundation of to be involved in the development of REDD government; (2) the area of customary forest State forest national forestry law,19 and the reality of massive activities. The entire process is controlled by should be decided by the forest minister; and exploitation of the forests. The government ministerial or other government decisions. (3) the minister/governor/head of district may The most crucial concept in the Basic Forestry is playing a dual role: protecting forest and 10 give a concession to exploit forest products. In 11 Law is state forest, whereby the state had destroying it. Second, there was no participation Second, indigenous peoples are not recognised reality these phases are complicated by long exclusive authority over all aspects of human of forest peoples at any stage of the Consensus as forest-owners but are classified as ordinary administrative procedures, high costs, and a activity within any territories classified as state Forest Land Use Plan. Even when provincial residents entitled to some benefits. formalistic approach which is difficult for non- forest zone (kawasan hutan). To strengthen governments were involved, forest peoples were specialists to follow. state control over the vast area of forest, and not included in the process, and the current Third, the law decrees that to undertake a REDD to facilitate the allocation of concessions, the forest policy process is still tightly controlled by programme, a party should have an existing Meanwhile, intact natural forest that is maintained government embarked on a series of mapping government agencies. forest-concession licence. The REDD licence is traditionally by indigenous peoples is in danger. exercises. These culminated in 1980, when each not a new type of concession, but overlays REDD The oil palm industry, together with the pulp provincial governor prepared a Consensus Forest rights on to an existing licence, such as a licence and paper industry, are expanding rapidly and Land Use Plan (Tata Guna Hutan Kesepakatan for logging, environmental services or social have been aggressively applying for concessions or TGHK). The TGHK classified 143.8 million forestry. Hence indigenous peoples and local in natural forest and peat land, areas with the hectares (approximately 75% of the nation’s land communities are required to follow the complex largest stores of carbon. By 2008, Indonesia – area) as ‘forest land’ which subsequently came procedures for obtaining a standard forest which has 83% of South-East Asian peat lands under the jurisdiction of the Ministry of Forestry, licence, and then have to apply for an additional – had converted 19.8 million hectares of intact and divided into a number of management REDD licence. natural forest into oil palm and 27.71 million Case studies from the Accra Caucus - Participation the Accra from Case studies Case studies from the Accra Caucus - Participation the Accra from Case studies Pilot projects towards REDD policy implementation has allowed.27 Pilot projects are running in Indonesia at both the provincial and the district level, with funding In addition to tenure, FFI has also found barriers coming from a range of sources. Two examples are related to participation in benefit-sharing. Local outlined below. government in Aceh has proposed at least three options, all of which put the exclusive control 1. Fauna & Flora International (FFI) operates a of benefit-sharing under government authority: REDD project in the Ulumasen putting all benefits in the local expenditure with the aim of protecting 558,382 budget; distributing funds through the lower units hectares (74%) of intact natural forest, of government; or investing in the improvement and 192,146 hectares (26%) of degraded of infrastructure such as water pipes and health forest. The developer of this project has services.28 Without the participation of local estimated that the forest here holds an average stakeholders in the design of benefit-sharing of 188 tons of carbon per hectare, of which 20% structures, none of these is perceived as a just was assumed to be underground.23 distribution of resources.

The Ulumasen project has been formalised in a The Australian agreement with Indonesia does contract signed by the Aceh Provincial not guarantee indigenous peoples’ rights, which Government which authorises Carbon breaches the UN Declaration on the Rights Conservation Pty Ltd to invite Merrill Lynch as a of Indigenous Peoples. According to a recent buyer on the voluntary market at a carbon price investigative report, the real purpose of the of US$4 per credit during 2008–11, rising to US$7 Australia–Indonesia REDD project is not to in 2012–13.24 rehabilitate peat land, but to secure cheap carbon credits from Central Kalimantan to offset Australian 2. The KFCP (Kalimantan Forest and Climate emissions.29 Partnership) operates under a bilateral agreement signed in 2008 between HuMa (Association for Community and Ecologically Indonesia and Australia, called the Indonesia- Based Law Reform) is based in Jakarta, and works Australia Forest Carbon Partnership. for incorporating indigenous rights into national The intention is to rehabilitate part of a former law in Indonesia. http://huma.or.id peat land development project in Central 18 Hardjasoemantri K (1993) Hukum Perlindungan Lingkungan: Konservasi Sumber Kalimantan, implemented in the era of Daya Alam Hayati dan Ekosistemnya. Gadjah Mada University Press, Jogjakarta, hal. President Soeharto. Australia will provide US$30 4. million for the programme, encompassing: 19 See point (c) of the consideration of the establishment of forestry law no 41/1999.

20 Kartodiharjo H, Jhamtani H, eds (2006) Environmental Politics and Power in • policy development and capacity-building Indonesia. Jakarta: Equinox, pp 27–8. • technical support for Indonesia on national forest 21 Op cit, p. 26. carbon accounting and monitoring 22 Gatra Magazine, 6 August 2005, cited by Riza Suarga (2005) Pemberantasan • demonstration activities and trial approaches : Optimisme di Tengah Praktek Premanisme Global. Tangerang: Wana to REDD.25 Aksara, pp 130–2. 23 Reducing Carbon Emissions from Deforestation in the Ulumasen Ecosystem, Aceh, Indonesia – A Triple-Benefit Project. Design Note for CCBA Audit, submitted Initial work aims to save 50,000 hectares of peat by the Provincial Government of Nanggroe Aceh Darussalam (Aceh) in collaboration swamp forest and rehabilitate an additional 50,000 with Fauna & Flora International and Carbon Conservation Pty Ltd. Resubmitted December 2007, pp 4–5, 10. (150 tC is on the surface and 38 tC is underground.) hectares of degraded peat land as a buffer zone, to 24 26 See Ulumasen Ecosystem Project Sales and Marketing Agreement, June 2008, be extended as other funding becomes available. which also details dispute resolution.

25 Kalimantan Forest and Climate Partnership, see www.climatechange.gov.au 12 The problem of pilot projects: premium for rights 26 and participation Ibid. 27 Interview with Dewi Rizki from FFI Indonesia, Hotel Haris, Jakarta, 21 October 2009. Experience with the REDD pilot projects highlights 28 Interview with Hilarius Wibisono, initiator of Aceh Green, Jakarta, 11 November the challenges of getting local people involved. 2009. Tenure is a continuing problem, as these REDD 29 Investigation report by Friends of the Earth Australia, AidWatch, WALHI and schemes come under a licensing system, subject Serikat Petani, published November 2009, notes that the project proposal favours the complete marketisation of forest credits to help Australia offset its responsibility to formal legal procedures which are difficult for to reduce greenhouse gas emissions. Australia’s REDD Offsets for Copenhagen, indigenous peoples to follow. At the same time the Friends of the Earth Australia, AidWatch, WALHI and Serikat Petani, November 2009. basic need of indigenous peoples to secure tenure over ancestral land is disregarded by policy-makers. In some areas the situation is made worse because the indigenous territory overlaps with government- authorised concessions. Project staff admit that dealing with tenure in project negotiations requires much more time (and energy) than the current rush Case studies from the Accra Caucus - Participation the Accra from Case studies Ecuador Information, participation and inclusion The national REDD+ strategy could make Building REDD+: the need important contributions to forest protection and the fight against climate change. However, for for social participation and the strategy to bring social and environmental benefits, it must clearly define the rights-holders the inclusion of indigenous and stakeholders involved; the type of participatory processes needed for and other forest-dependent implementation; and the effects that power peoples relations may have on the final outcome. The design and implementation of the Socio Bosque Programme, one of the components of the By Lourdes Barragán, Centro de REDD+ strategy focused on benefit-sharing, Planificación y Estudios Sociales, could generate critical lessons applicable to (CEPLAES), Ecuador other areas.

In Ecuador the issues of social participation, Socio Bosque is the government’s flagship indigenous peoples’ rights and nature Sunset in Curaray: programme for conservation. It provides Woman preparing chonta palm for lunch: Amazon region, Ecuador © Carolina Zambrano-Barragán Esmeraldas, Coastal region, Ecuador ©Nils Hermann Ranum conservation are gaining momentum. The 2008 economic incentives for forest preservation Constitution, approved by a large majority of and seeks not only to reduce emissions of million tons of CO2eq emissions per year,31 more Ecuadorians, put an emphasis on equity and greenhouse gases, but also to alleviate poverty their incorporation into the decision-making than 80% of all CO2 emissions in 2006. Most of solidarity, recognising nature as subject to and promote the conservation of biodiversity process. Given the importance of forests and the best-preserved forests lie within indigenous rights, and hailing important concepts such as and environmental services. The programme is environmental services for human life and well- territories and protected areas, with the largest pluri-nationality and the rights of indigenous currently contributing to the conservation of being, channels and mechanisms must be created 30 forest cover located in the Central and Southern peoples in voluntary isolation. The political more than 400,000 hectares of forests – 10% of to guarantee the legitimacy of participation in Amazon. and legal framework given by the Constitution its overall target. It did not include a consultation defining an equitable and fair REDD+ process. can strengthen the application of a sustainable process for its design, even though it was based The government – and particularly the Ministry of approach to development, and has raised on the experience of an incentive project with The Ecuadorian Constitution states that Environment – has responded to the threat with expectations around participation and citizen a Chachi indigenous community. Socio Bosque environmental services are not subject to a series of measures. The National Development involvement in decision-making processes. involves a variety of beneficiaries ranging from appropriation, and that their production, Plan (Plan Nacional del Buen Vivir) aims to reduce private landowners to indigenous peoples provision and use will be regulated by the the rate of deforestation by 30% by 2013, and has These constitutional changes set forth a new and local communities. Land titles are a basic state. This has significant implications for forest designed a new forest governance model. The model enshrining important socio–economic requirement for entering the programme, as is carbon ownership and management, since the scale, scope and of these initiatives and environmental rights, and natural resource the definition of a social investment plan for the owners of forests are therefore not necessarily require significant financial and technical management. After three years of President income received by communities. Participation the owners of forest carbon. In the light of this, resources; and a global REDD+ initiative may help Correa’s government, this transition has not is essentially restricted to the monitoring of it must be a priority for the country’s REDD+ build the institutional changes required, especially been without conflicts and challenges. In spite conservation and investment plans. readiness to define a secondary legal framework if it successfully attracts funds that complement of governmental efforts to implement these for environmental services that clarify rights over those of the Ecuadorian government. changes, participation from the civil society is Leaders of indigenous peoples’ organisations land, forest resources and carbon, and establishes still inadequate. This is particularly the case with have criticised key areas of its implementation, solid mechanisms for participation; monitoring of Ahead of other tropical forest countries, Ecuador the indigenous movement, one of the strongest including the procedures defining the relationship social impacts, benefits and costs; and equitable is a pioneer in many areas of REDD+ readiness. social stakeholders in Ecuador and Latin America with the communities, which do not respect their benefit sharing.32 The legal framework for REDD It has a state programme of incentives for forest as a whole. different representative structures; the lack of will have to guarantee real participation in the conservation without market mechanisms. Various contractual guarantees capable of preventing design and all phases of development and components of the proposed national REDD+ Decision-making related to the national REDD+ further exploitation of non-renewable resources; implementation of REDD, and clear procedures strategy, which follows the new forest governance strategy has been similarly difficult to implement. and the potential loss of autonomy and control for the fulfilment of communities’ and indigenous 14 model, are at an advanced stage: (1) the Socio 15 To date, representatives from indigenous peoples’ over indigenous territories. Socio Bosque has peoples’ right to prior informed consultation,33 as Bosque Programme (an incentive mechanism for organisations, as well as from other stakeholders, been criticised – as has a future REDD mechanism determined by the Constitution. have not been sufficiently included in the design conservation that has been in place since 2008); – even though several indigenous communities (2) a Forest Information System; (3) a Monitoring, of REDD and forest laws, plans and policies, and peoples are the beneficiaries of the program; Ecuador, is one of the countries currently Reporting and Verification (MRV) System; and (4) though fortunately design and implementation and a major concern relates to the potential use piloting the application of REDD+ Social and the and programme. are still in the initial stages. Moreover, of carbon markets in REDD, and the historical Environmental Standards34. This process could Other elements of this strategy still need government representatives have expressed mistrust that has characterised the relationship represent an important opportunity to strengthen significant work, namely the legal framework their willingness to include civil society in the between the state and the indigenous movement. citizen participation in REDD decision-making for environmental services, the sustainable policy-making process. and implementation if these standards are management of forests, regularisation of land The experience with Socio Bosque and other applied in Ecuador. The inclusion of compliance tenure, and forest control. Whilst Ecuador’s National REDD+ strategy government policies indicates the need for with provisions of the UNDRIP and ILO 169, which national REDD+ strategy goes beyond carbon more effective participation from stakeholders. Ecuador has ratified, especially that of free, prior emissions and addresses poverty and the Although there is still cover in This requires not just better dissemination of and informed consent, could set a precedent conservation of the environment, it is essential Ecuador, it has one of the highest deforestation information about the policies adopted, but also for the implementation of the national REDD+ that local rights-holders are properly consulted rates in the world, at 1.47% (198,000 ha/year). the analysis of proposals and demands from strategy. This has a major impact on biodiversity and to ensure that policy design is rooted in the local the indigenous movement and civil society and Case studies from the Accra Caucus - Participation the Accra from Case studies Caucus - Participation the Accra from Case studies people’s livelihoods, and produces around 55 context and needs. REDD in the DRC was piloted in 2009 by a Democratic Republic National Coordination, a small team made up of “Ultimately, participation of Congo government representatives and international consultants. The January 2009 UN-REDD/PCPF implies the right that mission decided on the creation of a National indigenous peoples and Indigenous peoples and Committee on REDD, which would assume the local communities executive role in regards to REDD. The committee forest-dwellers have to would have fourteen members, including two participation in from civil society and one member representing decide, in an informed indigenous peoples. However, in reality this REDD Preparation participation is likely to be largely symbolic due to manner and on their own the small number of civil society representatives By Roger Muchuba, Réseau Ressources and their weak position in DRC generally. terms, whether or not to Moreover, despite a decree issued by the prime Naturelles (RRN) and Dynamique des minister establishing the National Committee participate in REDD+.” Groupes des Peuples Autochtones in November 2009, it has yet to hold its first (DGPA), DRC meeting due to lack of finalisation of its members. Therefore the National Coordination continues to Kichwa Children of Curaray: The Democratic Republic of Congo (DRC) is an play the de facto executive role. Amazon region, Ecuador © Carolina Zambrano-Barragán important test case for REDD. It contains 60% of the forests in the Congo Basin, the second The participation of representatives from civil largest continuous humid tropical forest in the society and indigenous peoples’ organisations While REDD+ calls for critical scientific knowledge and practices of forest stakeholders, world. Despite the relatively low historical rates of based in Kinshasa was a constructive step forward expertise that can help the country comply especially those of indigenous peoples, are all deforestation, this richly biodiverse forest is under in the January 2009 mission. After the mission with international requirements, a technical issues currently facing significant challenges. threat from new sources following the end in May 2009, however, local NGOs issued a approach cannot become the basis for exclusion The coming months will be crucial in defining of conflict.36 statement criticising the process. Participation of other forms of knowledge, such as traditional effective REDD strategy and policies for the improved again in the UN-REDD/FPCPF missions knowledge, values and rights. It is necessary country. The social and environmental benefits This case study does not treat the important issue of October 2009 and February 2010. to facilitate informed and critical participation resulting from the preservation of forests can of the relation of REDD to existing forest sector from indigenous peoples in a fair and open only materialise if a comprehensive legal, political reforms in the DRC37, but focuses on the process However, all four missions took place in Kinshasa, process that takes their proposals and demands and technical framework is in place. All of the of REDD preparation from 2008 to the present. and there will need to be genuine consultation into account. Capacity-building, education, and policies and initiatives designed to combat across the country including, importantly, in the awareness of the issues of forestry, REDD and the drivers of deforestation must be coherent Beginnings of a national REDD plan in the DRC capitals of the forested provinces. The National climate change, need to be promoted by both and complementary with one another. Much Coordination has so far shown willingness to the state and civil society. Similarly, technical work remains to be done to ensure effective The DRC is a member of both UN-REDD and the carry out consultations in the provinces, but here experts need to learn about the rights, values, participation in the design of REDD+ policies, World Bank’s Forest Carbon Partnership Facility have been consultation workshops in only four of practices and knowledge systems of their civil defining benefit-sharing mechanisms, and (FCPF), and the national REDD process to date these, so it cannot be claimed that there has been society counterparts and forest communities, monitoring social and environmental indicators. has involved close collaboration between the two engagement with local communities or indigenous and avoid creating a technical elite disconnected processes. The first stage of the FCPF process, peoples as a whole. from the people affected by the decisions Ultimately, participation implies the right that the drafting of a REDD Preparation Idea Note they make.35 indigenous peoples and forest-dwellers have to (R-PIN) which was submitted for funding to Challenges and opportunities for civil society decide, in an informed manner, whether or not to the FCPF in May 2008 and approved later that participation One of the greatest challenges facing a participate in REDD+, and on what terms. year – involved no consultation with NGOs or sustainable and fair REDD mechanism in other groups representing local communities or The DRC Government has made recent statements Ecuador is the priority that public and private CEPLAES’ mission is to help overcome economic, indigenous peoples in the DRC. in favour of forestry reform, and REDD could institutions have historically given to short-term social, environmental, gender, and ethnic inequities. be an opportunity to change to a management economic growth, based on natural resource Over the last 30 years, its work has focused on Following this UN-REDD and FCPF have carried model based on the rights of local communities. extraction, in preference to sustainable long-term knowledge management and policy advocacy in out four ‘joint missions’ to Kinshasa to discuss and There is an opportunity to make deeper reforms 16 development. If conservation continues to take these areas. www.ceplaes.org.ec 17 consult on the preparation of REDD. These took in the area of land and resource rights, and a second place behind the drivers of deforestation, 30 place in January, May and October 2009, and participatory zoning process could allocate forest such as oil extraction, mining, and industrial Articles 56–60 (Rights of communities, peoples and nationalities), articles 71–74 (Rights of nature), and article 85 (participation), among others. The full February 2010. areas for multiple uses. monoculture, it will be difficult to guarantee the 2008 constitution can be found at www.asambleanacional.gov.ec/documentos/ long-term preservation of forests. The power constitucion_de_bolsillo.pdf 31 In January 2009 a delegation of civil society and The Government has the opportunity to develop relations that define these sectors will influence Ministerio del Ambiente: Programa Socio Bosque. 2010. Socio Bosque: Primer Año de Implementación 2008–09. local communities’ representatives participated in a forest policy with greater transparency after the dynamics of participatory processes 32 the first joint mission of UN-REDD and FCPF, with taking major decisions like the moratorium on the and decision-making in natural resource Costenbader J, ed. (2009) Legal Frameworks for REDD: Design and Implementation at the National Level. IUCN, Gland, Switzerland. the presence of partners from the Norway Climate allocation of new concessions and the cancellation management, and so special efforts are needed 33 The 2008 Constitution establishes the right to free, prior and informed consultation, and Forests Initiative, and Rainforest Foundation of illegal titles following a judicial review. However, to ensure that participation is equitable. instead of consent, which was demanded by the indigenous peoples. Norway. Civil society organisations (CSOs) in the provisional inclusion of 10 million hectares 34 Currently under development by Climate Community and Biodiversity Alliance DRC took the opportunity in June 2009 to create of new logging concessions in the DRC REDD Other considerations (CCBA) and CARE: http://www.climate-standards.org/REDD%2B/ a REDD Climate Working Group (Groupe de Preparation Proposal (RPP), brings into question 35 Blomquist W, Schlager E (2005) Political pitfalls of integrated watershed Travail Climat REDD), bringing together the major the Government’s continued commitment to The promotion of equitable and effective management. Society and Natural Resources 18: 101–17. thematic civil society networks working in areas the moratorium. participation in REDD+ decision-making in related to climate change. Ecuador, as well as respect for collective rights, Case studies from the Accra Caucus - Participation the Accra from Case studies Caucus - Participation the Accra from Case studies The demand for the participation of civil society in the process of reform of the forestry sector is provided for within the legal framework, as well “Organisations outside as being the result of the effective involvement of civil society in this area to date. Kinshasa have, on

Groupe de Travail Climat REDD and benefits of the whole, very little civil society participation knowledge or The involvement of local NGOs, local community and indigenous peoples’ groups in REDD is experience of the essential in the DRC for a number of reasons: international REDD • the immense size of the DRC means that decentralised civil society often plays a crucial debates or the policies role in services • due to the well-known governance problems in under discussion.” the DRC,[1] and the experience of bad financial management, the incorporation of civil Man collecting edible caterpillars (chenilles), DR Congo society brings transparency to REDD • local NGOs and CSOs have years of experience 39 working with local communities on alternative insufficient time and resources for adequate The DRC RPP was passed in March 2010 for livelihoods, participatory mapping and other consultation outside Kinshasa. The document funding from UN-REDD and FCPF, with certain areas crucial for REDD was 150 pages long, in French, and often highly conditions on the funding, such as the integration • as shown in the case of the promulgation of the technical (there was no version in Lingala, the of civil society in monitoring, reporting and Forest Code (2002) in the DRC, civil society lingua franca of DRC), and it was impossible to verification (MRV). The GTCR are closely plays an essential role in awareness-raising and provide useful feedback on it in the space of just following plans for participatory zoning, studies consultations with local communities and one or two weeks. Despite the efforts of civil on the drivers of deforestation and on the legal indigenous peoples. society and indigenous peoples’ organisations reform necessary for REDD. belonging to the Groupe de Travail Climat REDD The REDD Climate Working Group (GTCR) has to send the RPP out to member organisations in Conclusion been an effective route for participation in the the provinces, those outside Kinshasa have, on process so far. While an effort was made in the the whole, very little knowledge or experience of The participation of civil society in the DRC on RPP to develop some guidelines for participation the international REDD debates or the policies REDD processes has shown that coordinated in activities and even financial aspects, under discussion, this was not an effective civil society networks, such as the GTCR, can civil society needs a guarantee that future consultation. make their mark in an effective manner and consultations will be reflected in the outcomes. work for change. Despite the obstacles, GTCR’s The joint mission which took place in February participation in discussions on the RPP produced Member organisations of the GTCR have 2010 was designed to finalise the RPP for some positive changes, though the ultimate demonstrated an ability to work with local submission to UN-REDD and FCPF. Some of impact on decisions is limited by the limited communities, and have expertise in the field, the main issues raised by local community nature of participation permitted in this process. which are assets to its participation in the REDD representatives during these meetings were: process. However, as seen in the study on the Our hope is that as the RPP evolves in the drivers of deforestation – carried out as part of • the need for participatory zoning as a next two years into a genuinely participative the REDD process in DRC by the UN Food and prerequisite for REDD REDD strategy, that civil society becomes a Agriculture Organisation (FAO) – the primary • the need to join up REDD policy with recognised actor in the decision-making process, 18 focus of the official process to date has been existing forest sector reforms, in studies and in validation on the ground. The 19 on remote sensing using satellites, instead of and recognition of customary land rights government and its partners must recognise fieldwork, thus limiting participation. It is true • the need for a fair and balanced assessment that without a genuinely participatory decision- that the material is new and complex, hence of the drivers of deforestation, which does making process, which involves all rights-holders the efforts of GTCR to build the capacity of its not over-exaggerate the role of communities and stakeholders, any attempts to reduce members for meaningful participation. However in deforestation and minimise that of industrial deforestation will fail. there is an enormous difference in outcome logging, mining and agribusinesses due to between a vibrant civil society that is informed simplistic finance-based analysis. Réseau Ressources Naturelles (RRN) is a platform of NGOs in DRC created in 2002, which has as and actively engaged, and one that lacks the 36 http://www.greenpeace.org.uk/media/reports/carving-up-the-congo capacity to analyse decisions and merely The RPP suggests REDD strategic options could mission to monitor forest exploitation in the DRC include expanding logging, plantations and campaign for the respect of local community 37 See Rainforest Foundation Norway and UK (2009), Avoidable Deforestation: validates processes by signing attendance lists. Forest Sector Reforms and REDD in the Democratic Republic of Congo, http:// and cattle ranches – all of which would have a rights and good governance in the development www.rainforestfoundationuk.org/Avoidable_Deforestation-DRC

38 Finalisation of the RPP in early 2010 devastating impact on the forest the role of civil of forest legislation. www.rrnrdc.org Counsell S (2006) Forest Governance in the DRC: Recommendations for a VPA, society in the delivery of REDD. FERN When the first draft of the Readiness Preparation The Dynamique des groupes des Peuples Proposal (RPP) was published, there was Autochtones (DGPA) is the national platform for

Case studies from the Accra Caucus - Participation the Accra from Case studies indigenous peoples in the DRC created in 2008. Caucus - Participation the Accra from Case studies Any mechanism for reducing deforestation and landowners are being subjected to pressure to indigenous peoples and local communities. The degradation must be built on a clear land tenure sign away their rights to speculators, while stakes are high, and there is growing concern that 3 system and equitable, transparent governance. national systems designed to regulate REDD REDD is leading to the eviction or exclusion of Land and Resource Rights Unclear and inequitable land tenure systems, have broken down. people from their traditional lands and restricting and the lack of recognition of the rights of their access to natural resources, while perversely indigenous peoples and local communities to their Legal and governance reforms are core allowing activities that are highly destructive of lands, resources and territories, are key drivers readiness activities with numerous benefits the forest – logging, large-scale agriculture and of deforestation. Equally there is compelling mining – to continue, and even be subsidised by evidence that deforestation rates are lower – Clarifying and strengthening the rights of local REDD payments. and that improves – where communities and indigenous peoples to their indigenous peoples and local communities have lands, territories and resources has a number of For policies to reduce deforestation effectively, secure rights and are able to protect and manage benefits for a mechanism designed to reduce they must identify the underlying drivers of their lands and forests. deforestation. First, there are many examples deforestation as a starting point for action, where the securing of local communities and and ensure respect for the rights of indigenous This chapter illustrates some of these arguments indigenous peoples’ land rights has been shown peoples and local communities, including the with case studies from Brazil, Cameroon and to reduce deforestation.43 Secondly, security clarification of land tenure. Papua New Guinea. of tenure is more likely to make any reduction of deforestation and degradation permanent. 39 For a critical assessment of the DRC RPP see “A joint statement from Global Witness, Greenpeace, FERN, Local control of forests This is especially important in the context of a Rainforest Foundation Norway and Rainforest Foundation UK on mechanism under the UNFCCC, as emissions 40 Bray DB, Duran E, Ramos VH et al. (2008) Tropical deforestation, Community A large proportion of the world’s tropical forests reductions must be permanent so as not to Forests, and Protected Areas in the Maya forest. and Society 13: 56.

are traditional indigenous territories. With a few contribute to harmful climate change. Thirdly, 41 Rights and Resources (2010) The end of the hinterland: forest, conflict, and exceptions, the traditional inhabitants of these determining ownership of the forest and climate change. Available at www.rightsandresources.org/documents/files/ doc_1400.pdf forests have over the centuries been expelled associated carbon is essential for benefit-sharing 42 Rights and Resources (2010) The end of the hinterland: forest, conflict, and from their lands and territories, or threatened with and disbursal of payments to stakeholders and climate change. Available at www.rightsandresources.org/documents/files/ expulsion, by external actors. Often this pressure rights-holders. And finally, it has been shown doc_1400.pdf has resulted from potential economic gains from that societies built upon inequitable land tenure 43 See Nepstad D, Schwartzman S, Bamberger B et al. (2006) Inhibition of Amazon 44 deforestation and fire by parks and indigenous lands. valuable resources such as oil, gold, copper, systems are more likely to breed conflict. 20: 65–73; Stocks A (2007) Indigenous, colonist, and government impacts on timber, rubber and palm oil. Without strong Nicaragua’s Bosawas Reserve. Conservation Biology 21: 1495–505; Chhatre A, Agrawal A (2009) Trade-offs and synergies between carbon storage and livelihood safeguards, there is a real risk of history repeating Perverse incentives: no land rights if you leave benefits from forest commons. Proceedings of the Academy of Sciences of the itself with the creation of a new resource in the forest standing? USA 106: 17667–70. forest carbon. 44 Rights and Resources (2010), op cit. REDD has been described as a mechanism 45 Called mise en valeur in countries influenced by the French legal system, such as Steps have been taken to redress the historical ‘to make forests worth more alive than dead’. in the Congo Basin alienation of indigenous peoples and local But this is often only seen from an economic 46 In a landmark judgement in 2009 in Malaysia, courts recognised customary rights in Sarawak beyond cultivation – see : http://www.survival-international.org/ communities from the formal or statutory rights perspective, and fails to take into account the news/4533 to their land in some countries, and it is estimated social and political value of standing forests that currently some 11% of the world’s forests compared to cleared lands. Here again, reform are devolved to local communities.40 However, of land tenure systems can be a positive tool for experience varies between regions. In South reducing deforestation. America, 24.6% of forest land is owned by local 21 20 communities and indigenous peoples41. In the Productive land use clauses45 are found in Brazilian Amazon, the experience of Indigenous some form in legislation governing land in most Territories, created since the 1980s, has shown countries in Africa and South America. Put that recognition of rights can slow the rates of simply, it means that occupants’ land rights are deforestation. The situation in Africa is much recognised when they show they use an area less progressive, with only 1.6% of forest land ‘productively’. This term is defined to mean designated for the use of indigenous peoples and activities such as the permanent conversion local communities, and 97.9% administered by the of forests to agriculture and other uses, and government.42 Due to the virtual absence of the excludes activities that do not destroy the state from many forested areas, much of this land forest, which are traditionally practised by is effectively managed according to customary semi-nomadic hunter–gatherers. Therefore rights, with a complex, overlapping and slowly these productive land use clauses have the evolving framework of land tenure; however, effect of rewarding – with the granting of customary rights are not recognised in many legal secure rights to the land – activities that lead systems, which makes them vulnerable, as in the to the destruction of the forest, while failing case of Cameroon. to protect communities’ livelihoods that help its preservation. This clearly needs to be The situation is different again in Papua New reformed46. Guinea, where 97% of the land is owned by indigenous peoples according to the constitution. REDD: threat or opportunity? However, even when there is a strong land rights regime, the case study below shows that local REDD brings threats as well as opportunities for Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Brazil Maintaining the resilience “Demarcation of of indigenous territories and respect for

By Natalie Unterstell and Erika Yamada, indigenous lands Instituto Socioambiental (ISA), Brazil has been shown

In the past two decades, most countries in the to be an effective Amazon Basin have recognised and demarcated Indigenous Territories (ITs) and Protected Natural instrument for Areas (PNAs). This is the result of national processes which, despite being patchy and incomplete, have secured important protected protecting forests.” forest corridors in Amazonia. According to official Holding out against deforestation: map of the Legal Amazon showing deforestation in red and indigenous territories in black statistics, ITs and PNAs cover 41.2% of the region’s Demini village, Yanomami people in Amazonas total surface area.47 © ISA (2009) Atlas de Pressoes e Ameacas as Terras Indigenas na © Marcos Wesley/ISA Amazonia Brasileira, CARNEIRO & SOUZA In the same period, however, the rate of provide funds for conversion of forest into natural resources traditionally used by them. The increasingly on their capacity to manage their deforestation in the Amazon basin has soared, relations with mainstream Brazilian society. with 17% of total cover lost in Brazil alone. Maps48 pastures, selling any remaining and majority of the country’s indigenous lands are show that demarcated ITs and PNAs have played producing from the least valuable trees; concentrated in 405 areas, totalling over 1 million 2 Protected forests and peoples – until when? a significant role as a barrier to deforestation, (4) extensive, low-production cattle raising km , and representing just over 20% of the is established. legal Amazon. without which the loss would have been While generally the very existence of demarcated even greater. The initial economic benefits of deforestation, Indigenous lands have played a fundamental Indigenous Territories helps prevent deforestation, such as income and employment, are restricted role in conservation: 98.4% of their total area with consequent reduction of greenhouse gas This case study describes the main drivers of emissions, those bordering areas of agricultural deforestation in the Brazilian Amazon, and to a few sectors of society and last no longer in the Amazon is preserved, unlike other forms than fifteen years. The legacy is economic of occupation. Deforestation in these territories expansion are especially vulnerable. The wall of highlights the role indigenous territories play in containment against deforestation, which is made reducing deforestation and degradation. stagnation, poverty, land-tenure conflicts, and the corresponds to only 1.3% of all Amazon devastation of forests and land, in a classic cycle deforestation. Estimates show that, in parts of up of ITs and CUs in locations which have so far been well preserved, may start to crumble if there REDD, deforestation and Indigenous Territories of boom and bust. Mato Grosso and Rondônia, deforestation may be up to ten times higher outside legally protected are no measures to protect them and slow down the pace of devastation outside these areas. The pressure for deforestation in the Brazilian Land concentration remains one of the main areas, up to twenty times higher in the state characteristics of Brazil, and in the Amazon of Pará. Over 93% of deforestation identified in ITs is of Amazon region is particularly high, and is the external origin and not related to the traditional direct cause of 75% of greenhouse gas emissions region 1% of the landowners hold 57% of the area. 2 occupation of the lands. in the country. Government policy is a significant This is despite the fact that the Amazon has been In addition to ITs, a further 1 million km of factor influencing the dynamics of deforestation, used as a pressure-release valve for land conflicts forests are in Conservation Units (CUs). The 22 elsewhere, with two thirds of the lots granted level of forest protection in these areas varies Thus it is clear that demarcation of indigenous 23 but it is somewhat erratic. While in the past lands alone, while critical, is not sufficient to decade some efforts have been made to control by the land reform agency across the country greatly. Although enshrined in law, many are between 2003 and 2008 being in the Amazon. not monitored and lack sufficient infrastructure ensure the protection of forests in the Amazon. deforestation, and there has been some success Forest conservation projects in indigenous in the last five years as result of the Action Plan to Land concentration is associated with poor social and employees. Therefore the figure of 43% of indicators: in 2004, only 21% of the economically the Amazon under protection (split more or less forested lands must be combined with measures Prevent and Control Deforestation in the Amazon to contain illegal logging and control forest (PPCDAM), the government also finances – active population in the Amazon had a formal job, equally between CUs and ITs) covers up a less and the municipalities with greatest deforestation favourable reality. Furthermore, the distribution fires. Such projects must strengthen control by through institutions such as the National Bank for indigenous peoples of their territories, and be Economic and Social Development (BNDES) – also have a higher-than-average murder rate. is uneven and critical regions are in need of greater protection. compatible with their land tenure systems and infrastructure and agricultural activities which are the spiritual relationship they maintain with their destroying the Amazon.49 The role of Indigenous Territories The management and protection of these vast natural resources. There has been great progress in official areas poses a significant challenge. They have no The principal drivers of deforestation are broadly Where does REDD fit in? the same throughout the Amazon: farming and recognition of indigenous lands in the past structure for institutional governance or political twenty years in Brazil, especially in the representation at the national level, nor any ranching, timber extraction, land-grabbing, and The right to territories is perhaps the lynch-pin for infrastructure projects. The devastation follows a Amazon, despite unresolved historic issues. The economic or tax collection instruments capable region’s geography has been transformed by of meeting their diverse demands. In many all other rights uniquely recognised for indigenous well-known pattern: (1) timber companies clear peoples, as an attempt to ensure their survival as branching off highways toward locations demarcation of extensive territories, and a mosaic areas, the indigenous lands, though extensive, of protected areas and biodiversity corridors. are surrounded by deforested areas cleared for culturally distinct communities. In Brazil this right with valuable trees, often in protected areas is enshrined in the constitution, and indigenous or riparian communities; (2) these companies large farms and ranches, as in the case of the Under an unprecedented legal formula, the 1988 Xingu basin region. The future of indigenous peoples have the exclusive right to use their lands exhaust the supply of prime timber species and and natural resources on a permanent basis, move toward new fronts; (3) using the newly Brazilian constitution recognised the original communities – as well as the integrity of their rights of indigenous peoples over land and forests and natural resources – will depend despite the fact that the state holds the formal opened roads, land-grabbers and ranchers title to the land. Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Although there still is no specific regulation part of the long-term vision of the populations Cameroon regarding REDD+ in indigenous lands in Brazil, involved. As such they should be designed and existing national and international legislation on implemented by indigenous peoples, and not indigenous territorial rights already affords the merely proposed to them. Indigenous peoples Challenges for REDD within necessary protections. The Government cannot and other forest peoples have the right to build or current land and forest intervene unilaterally on indigenous lands or reject REDD, according to their own understanding natural resources, but only in accordance with and interests and according to specific conditions tenure legislation the decision and in the interest of indigenous for recognition of their rights in each country. It peoples.50 It is not for the Government to decide is thus necessary, and possible, that policies to on the relevance of projects of reforestation or reduce deforestation attend to the already existing By Samuel Nnah Ndobe, Centre for avoided deforestation in indigenous lands, much protection of indigenous peoples’ rights in national Environment and Development (CED), less does it hold title to the benefits generated by and international law, including the fundamental Cameroon such projects.51 principle of free, prior and informed consent regarding the use of indigenous territories In Cameroon, forests cover approximately 19.6 Furthermore, indigenous peoples cannot be and lands. million hectares, representing 11% of Congo contractually obliged to refrain from traditional Basin forests and 41% of the national territory. activities (hunting, fishing, forest clearing Instituto Socioambiental (ISA) is a Brazilian not- The forest-dwelling communities include one of to farm, construction of villages or houses, for-profit institution established in 1994 to advance the world’s specific indigenous forest peoples, etc.), because the Brazilian constitution gives integrated solutions to social and environmental commonly known as the ‘pygmies’, and other Another trip to the supermarket: women gathering them the right to perform these freely in their issues, with a view to defending the collective local communities whose well-being and non-timber forest products in Cameroon territories. Should any contract threaten this rights of traditional populations and promoting livelihoods depend on the forest. right, the clause in question can be considered environmental rights. www.socioambiental.org void. According to the constitution, indigenous Local communities and indigenous groups own or ‘pygmies’, who are hunter–gatherer communities 47 REDE AMAZONICA DE INFORMAÇAO SOCIOAMBIENTAL GEOREFERENCIADA and considered as the first inhabitants of the lands and forest resources are inalienable, and (2009) Amazonia 2009 Áreas Protegidas Territórios Indígenas. Rede Amazônica de have rights to use less than 2% of Africa’s forests. unavailable for third-party use; accordingly, under Informação Socioambiental Georreferenciada (Raisg), 1ST edition. Sao Paulo. In 2009, a study by RRI and the ITTO found that forest. Customary land rights are not legally no circumstances can they be offered as security 48 ISA (April 2006) Trends in Deforestation in the Xingu River Basin Brazil. Instituto the slow rate of land rights reform hinders efforts recognised. Those using land when the 1974 Socio-Ambiental, Brazil. Graphics: Philippe Rekacewicz assisted by Cecile Marin, Land Tenure Ordinances came into force can under contractual terms. Agnes Stienne, Guilio Frigieri, Riccardo Pravettoni, Laura Margueritte and Marion to halt deforestation and alleviate poverty. At the Lecoquierre. http://maps.grida.no/go/graphic/trends-in-deforestation-in-the-xingu- only continue to do so if they can show river-basin-brazil current rate, it will take 260 years for countries in Indigenous peoples should be the principal the Congo Basin – which contains more than 70% productive use. 49 Carneiro Filho, A., and Souza Braga, O. (2009) Atlas das Pressoes e Ameaças às beneficiaries of any REDD programme in the Terras Indígenas na Amazônia Brasileira. São Paulo: Instituto Socioambiental. of Africa’s remaining tropical forest – to reach the country, both because of the carbon stocks they level of reform achieved in the Amazon.52 In the forest policy of the early 1990s a zoning manage and because of the role they play in 50 The only exception to this rule is the possibility of mining and hydroelectric use on plan (plan de zonage) was introduced, based indigenous lands, both activities foreseen in the constitution. inhibiting deforestation effectively. Mechanisms This case study briefly sketches the evolution on ecological and commercial criteria that 51 Rojas, B. (2009) REDD em Territórios Indígenas a Cuenca Amazônia. Brasília: completely ignore customary land law. The for compensating them adequately for this Instituto Socioambiental. of the land tenure system in Cameroon through environmental service can include the range the colonial and post-colonial periods, and its zoning plan recognises Bantu traditional land of activities that indigenous peoples might relationship to customary land rights, especially use over that of the ‘pygmies’. It also allocates undertake such as surveillance, fire control and of indigenous peoples, and the implications for huge areas of forest as concessions or forest planned clearing of subsistence plots, as well as potential REDD activities in Cameroon. management units for logging. Most of the monitoring of forests across different indigenous logging concessions have been given out, largely lands to prevent displacement of deforestation Land and forest tenure and forest peoples to foreign timber merchants. (‘leakage’). Those activities would combine 24 25 the sustainability of the traditional indigenous Present day land legislation in Cameroon is based Forest sector reforms in the 1990s have led to maintenance of forest with the protection of their on that set down in the period of colonisation by contradictions in land and resource rights. The lands from illegal deforestation by third parties. Germany, Britain and France. This has spawned a 1994 Forest Law vests all forest resources in dual land tenure model under which customary the state, and enables the creation of private Such an approach would support indigenous rights and colonial or statutory legislation overlap ownership rights over trees, but only if a group or peoples’ ways of life and the special relationship and coexist. individual plants the trees (i.e. private ownership to their lands, and prevent interference with of naturally growing trees is ruled out), and the their lifestyle and the subdivision of indigenous The three colonial regimes considered state still owns the land on which the trees are territories based on externally imposed ‘unoccupied’ uncultivated lands as having no planted. This creates two problems: (1) the limited restrictions on land use. Culturally adapted forms owner. On this principle, the French proceeded extent of private land ownership dramatically of benefit-sharing can also be developed with the to expropriate land on a large scale, while the reduces the scope for private forestry, and (2) no peoples concerned. English and Germans claimed them for the one has the incentive to protect forest on ‘public’ Crown. The concept of national estate, which has land. Furthermore, the land and forest legislation Conclusions replaced the former notions of ‘vacant land with show some contradictions. For example, a land no owner’ or ‘national collective estate’, has only title is a prerequisite for the planting of privately Demarcation of and respect for indigenous lands one objective: to give control of Cameroon’s land owned trees under the 1994 Forest Law; but has been shown to be an effective instrument for to the state. under the 1974 Land Ordinance productive land protecting forests. It is not sufficient on its own, use (e.g. ) is a precondition for 53 however, and REDD will not be sufficient either, if The forest-dwelling communities in Cameroon acquiring land ownership. implemented as a set of externally planned and include the Bantus or semi Bantus, who are imposed forest-protection measures. Efforts to mainly traditional swidden agriculturists, and the reduce deforestation only make sense if they form indigenous forest peoples often referred to as Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Land grabbing and poorly secured village communities in the order which sets out gatherers are not taken into account in current or customary rights the terms of use of logging revenues. proposed benefit-sharing mechanisms. This is especially worrying as some institutions All land not privately registered is owned by the in Cameroon are suggesting the AFR model as a Cameroon has expressed its support for UNDRIP state. Post-colonial land legislation in Cameroon potential benefit-sharing mechanism for future and other human rights agreements which resulted in the development of private land REDD schemes. recognise Indigenous Peoples’ rights to their tenure, to the detriment of the customary land and territories, to determine their own communal systems. Private ownership can Implication for REDD programmes in Cameroon future and development, and thus be part of any be acquired through productive use and land decision-making affecting their lands, resources registration, but in practice only 3% of the Land conversion for agriculture and logging and communities. As stated by the Convention land has been registered, mainly by medium has been identified as the main driver of on Biological Diversity’s Ad Hoc Technical Expert and large-scale investors. The costly and deforestation and degradation in Cameroon. Group on biodiversity and climate change: cumbersome process of land registration has led Expectations of REDD are high, in terms of what ‘Indigenous People are unlikely to benefit from to a huge land-grabbing situation in the forest it can provide financially, but the same cannot be REDD where they do not own their lands, if there regions where currently elites are acquiring and said for expectations that it will be implemented is no principle of free, prior and informed consent, registering large areas of community lands for in an inclusive manner. and if their identities are not recognised or they their personal ownership. There is also currently have no space to participate in policy-making a growing pressure on land, which often results Cameroon is one of the countries involved in the processes.’ in conflict due to demand for concessions for World Bank’s Forest Carbon Facility Programme What benefits will we see? Insecure rights mean mining, timber, agriculture and plantations. For an uncertain future (FCFP), and is currently preparing a Readiness The emergence of climate change as a major example, the Bakweri people have organised Preparation Proposal (RPP), which up to the time global issue underscores the importance of themselves under the Bakweri Lands Committee of writing has excluded civil society and local clarifying property rights: both locally and on a to defend their rights; and communities in Akom Hunter–gatherers in Cameroon see all the forest communities. The government is also piloting a national scale. These systems must be defined in II and Niete areas have been left with very little as belonging to them. The Baka ‘pygmy’ peoples REDD project aimed at assessing carbon stocks, a participatory process that recognises customary land to carry out their traditional livelihood believe that it was given to them by a supreme and large conservation organisations and logging systems of ownership and management rights to activities due to the continued expansion of deity called Komba. According to them, everyone companies are developing REDD projects within ecosystem services. Socapalm and Hevecam and the creation of the has the right to the resources of the forest (game, the protected areas or concessions they are Campo Ma’an National Park. wild fruits and tubers, medicines etc.) on condition managing. It is hard to see how indigenous forest The Centre for Environment and Development that they do not destroy the forest. Unfortunately peoples and local communities can benefit from was created in 1994 in response to the need for Box 2: Community Forests this customary way of using the forest does not REDD within an institutional environment which grassroots and independent voices to the policy leave any visible evidence of valorisation and has some acceptable policies on paper but reforms in the forest and environment sector The experience of Cameroon highlights some occupation: so their land is considered ‘vacant land’ limited enforcement in practice. in Cameroon and the Congo basin at that time. problems with poor national legislation on and classed as permanent state forest. CED’s overall goal articulates around the slogan Community Forests (CFs). CFs are usually Forest tenure reform is a priority for any efforts “making sustainability a reality” - that is to ensure allocated in highly degraded forests along Forced by policies encouraging sedentarisation, to reduce deforestation in Cameroon. Addressing that interventions in forests are ecologically, roadsides and settlements, limited to 5000 the ‘pygmies’ were obliged to leave the forest land and resource disputes and creating tenure socially and economically sustainable. Most of our hectares, and attributed for a limited period of and become squatters in roadside villages and security for all stakeholders can resolve violent work is based on people-centred conservation. 25 years. The procedures and costs of allocating lands claimed as belonging to the Bantus. Their conflicts, create incentives for stable and www.cedcameroun.org CFs are an insurmountable barrier for most customary lands are now mostly allocated to predictable investment by the government, protected areas and logging concessions. communities, and the effective implementation and contribute to economic growth. Resolving 52 Rights and Resources Initiative and International Organization of Community Forests in Cameroon has been ambiguity in forest property rights is a key step (2009) Tropical Forest Tenure Assessment: Trends, Challenges and Opportunities, 26 May, http://www.rightsandresources.org/documents/files/doc_1075.pdf 27 undermined by, inter alia, lack of legal ownership Much of the remaining forest in Cameroon is towards protecting and increasing the capacity located in the ancestral and customary lands of 53 Egbe ES (2001) The concept of community forestry under Cameroonian law. of land by local population; vested interests of of the forest estate to sequester carbon and Journal of African Law 45: 25–50. Indigenous Forest Peoples. The Ngoila–Mintom local elites; and the absence of accountability provide other essential ecosystem, social and 54 Diaw C (1998) Si, nda bot and ayong. , land uses and property mechanisms at community level in the concession in Cameroon, now earmarked for cultural functions. It is important to clarify not rights in Southern Cameroon. www.odi.org.uk/resources/download/751.pdf distribution of proceeds from the forests. REDD, is found in the ancestral land of the Baka only property rights to land and resources, but ‘pygmy’ people. This corridor links the Baka in also the rights to ecosystem services provided by Most forest people gain access to state-held land Djoum Mintom with those of Lomie, the south- forest lands: watersheds, biodiversity, ecotourism through local or customary systems of resource east Boumba Bek and Nki, as well as with other and carbon sequestration. tenure. These systems vary considerably along ‘pygmies’ in Congo, Central African Republic and the different ecological and socio–economic Gabon. Thus a REDD project in this area would Reforms must also include capacity-building contexts of the country. In the forest zones of threaten to rupture this historical and a spiritual within communities to ensure that they Cameroon, the two main groups, agriculturists relationship with the forests. understand the new legislation and can assert and hunter–gatherers, have different perceptions their right to full participation in the control of of ownership. For the Bantus or agriculturists, Box 3: Poor experience of benefit-sharing land and resources. land belongs to a lineage, and individuals within the lineage have rights to clear and cultivate the Existing benefit-sharing mechanisms that exist in Conclusion land. In general, agricultural land ownership for Cameroon, such as Annual forest royalties (AFRs) the Bantu in southern Cameroon is based on the paid by logging companies, have been marred The rights of indigenous forest peoples and ‘right of the axe’, or droit d’hache,54 that is the by dysfunctional accountability mechanisms local communities as owners of the land and acquisition of land through the cutting or clearing and embezzlement at different levels by local forest, which they have lived on and nurtured for of an area in the forest. The space cleared is then and national elites. It has also excluded ‘pygmy’ generations, are not recognised in Cameroon’s defined as belonging to the individual or group communities or villages that are not recognised as legislation. The customary rights of hunter– Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies that did the clearing, and their descendants. Papua New Guinea The government, while showing leadership on the international stage regarding REDD and climate change policy, has been in disarray domestically “The promise of Dreaming of ‘sky for the last two years, with flawed draft policies, money’: how carbon- the establishment and disestablishment of a large payments Climate Change Office (and its CEO being sacked trading schemes are and investigated for corruption), in-fighting has landowners between government departments, simultaneous undermining indigenous collusion with and opposition to the ‘carbon dreaming of being cowboys’, and generally poor leadership on behalf peoples’ rights of the landowners and the forests. rich and rushing

By Thomas Paka, PNG Carbon-trading projects are undermining to sign agreements customary land rights Forum, Papua New Guinea and Grant they do not Rosoman Greenpeace Australia Pacific With REDD financing mechanisms being established around the world, there is an A PNG landowner making a statement at a meeting on carbon trading. understand.” In Papua New Guinea (PNG), 94% of annual opportunity for the people of PNG to gain © Thomas Paka/EFF greenhouse gas emissions originate from dramatically more by keeping their remaining deforestation and degradation, the highest forests intact, compared with the revenues the proportion of any country in the world.55 government and landowners currently receive, for example from industrial logging (the major forest 55% of PNG’s forests are in large blocks degradation activity in PNG, affecting 16 million trading projects so far would be deemed to be If I sign, then I am selling my birthright. But they (over 500 km2) of minimally disturbed forest hectares).58 respecting customary land-holder rights. told me, “You sign. … Otherwise I’ll get a police known as Intact Forest Landscapes and lock you up.”’64 (IFLs). However, continued illegal and destructive However, there is confusion as to what these Secondly, given the lack of awareness, the only logging and the conversion of forest areas payments would be for, and how carbon trading way these projects can proceed is with levels This is despite the Kamula Doso area being into plantations could see much of PNG’s works. The concept of trading something that of coercion and ‘incentives’. These practices are subject to a court injunction preventing carbon commercially accessible tropical forests cleared cannot be seen or touched without any actual well known in PNG, as they are the same as those trade project development, and also being at the or degraded by 2021. Customary ownership by physical exchange of goods is hard for local used by the logging industry. They use landowner centre of a land dispute in process in the PNG local communities represents 97% of the total people to grasp. Many cannot believe that ‘elites’ – who are usually not based in the village courts. land area (46 million hectares), including all these outsiders are willing to pay large sums for – to pressurise other landowners to give their forest areas. something they are told is inside the trees, without support. These tactics create considerable tension and expecting anything in return other than that the conflict within communities. Land conflicts due The opportunities provided by REDD have trees remain standing. There are reports of village Then there are ‘sitting fees and allowances’, to logging are numerous and well documented, gained international attention, and have people believing that they must first convert the public payments for those who attend meetings and the courts have a backlog of more than 700 61 instigated a gold rush56 on projects aimed at trees to CO2 by burning them and bagging up the and sign their clan lands on to the carbon such disputes that may take a decade to resolve. 62 trading savings in carbon emissions from forest charcoal, and that they will be paid for the carbon trade project. In many cases landowner NGOs are aware that income-generating activities protection. Commonly called ‘sky money’ in they produce. Another version is that the CO2 representatives are taken to the city, put up in need to be halted when land disputes arise to PNG, as it consists of payments for a part of has to be put into bottles before it can be sold. luxurious hotels, and given alcohol, food, cash avoid an escalation of conflict in a community. and goods to ‘facilitate’ the signing-on process. However, this has not deterred the carbon-brokers 28 the air, the promise of large payments has Landowners commonly say they do not know 29 landowners dreaming of being rich and rushing what carbon is. ‘We don’t feel the carbon, we ‘They are taking care of us and feeding us,’ said a from pursuing these projects and promising to sign agreements they do not understand. A don’t even see the carbon,’ landowners in Lower tribal leader from April Salome, Willie Maru. But landowners vast riches if they sign up. proliferation of agreements are being rushed Ramu told a TV crew. ‘Carbon is just wind or air or when asked how much and when would they be through by so-called ‘carbon cowboys’ (the something like this.’59 paid for their forest carbon, leaders frequently In addition to the awareness work that needs to consultant brokers) in a race to lock in large did not know. be carried out with communities, there should forest areas. Therefore any ‘informed’60 decisions by be: indigenous landowners must be preceded Sometimes there are claims that genuine PNG’s constitution has one of the world’s by a considerable amount of awareness, landowners have been cheated into signing • full genealogy processes to identify landowners strongest customary rights frameworks, under information sharing, and participatory learning project agreements, as alleged by representatives as well as use rights-holders its National Goals and Directive Principles, on a number of issues: the nature of climate from East Pangia: ‘We the landowners question • the establishment or strengthening of which reads: ‘We declare our fourth goal to be change, greenhouse gases, the role of forests that there have been some suspicious and fishy representative institutions in the community 63 for Papua New Guinea’s natural resources and in providing environmental services including deals in the carbon trade.’ that can carry out the processes for free, prior environment to be conserved and used for the climate change mitigation, options for managing and informed consent, and manage the benefits collective benefit of us all, and be replenished for and gaining benefit from different forest values, In more extreme cases landowners are • full participatory land-use planning that the benefit of future generations.’57 Customary and carbon trading. Apart from a threatened and forced to sign. In the largest area includes mapping lands, and setting out current ownership is recognised in laws such as the handful of ‘elite’ landowner representatives who of remaining intact forest in PNG – the Kamula and future uses and intentions Forestry Act 1991, Mining Act 1992, Lands Act live in the major cities and have had considerable Doso area of Western PNG – a tribal leader was • clear information on what signing an agreement 1996 and the Oil and Gas Act 1998, emphasising interaction with government agencies, the carbon- forced at gunpoint to sign away his lands to a over carbon rights means for rights and the importance of free, prior and informed brokers or NGOs, there has not been sufficient REDD project. ‘They came and got me in the future use consent from landowners. However, the speed awareness and education provided to village- night,’ said Abilie Wape. ‘Police came with a gun. • a decision-making process based on traditional and manner in which the new agreements are based landowners to meet an ‘informed’ test. They threatened me. They forced me to get in the lines that requires more than 75% support being forged tell a different story. On this issue alone, none of the forest carbon- vehicle. Then we came in the night to the hotel. … before an agreement can be approved. Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Normally this process would take at least two processes. Another is the proposed PNG Forest Communities were managing their forests long years, but the current processes are being Fund,73 modelled partly on Brazil’s ‘Amazon Fund’, before community forest management became completed in a matter of months. which would provide the financial incentives to 4 the subject of formal study and policy-making prevent deforestation and promote the protection Community Management in the late 1970s in South-East Asia and Africa. What benefits will there be for the customary of biodiversity and the rights and livelihoods of Since then, the inability of the state to control the landowners? forest-dependent communities. Both alternatives of Forests degradation of forests has been widely recognised, use a multi-stakeholder governance approach to resulting in numerous initiatives across the world to Leaked documents from the PNG Office of provide an equitable benefit-sharing arrangement transfer forest areas to local communities. Known Climate Change (OCC) show that indigenous with a key focus on indigenous community rights variously as Participatory Forest Management landowners may get very little from these and participation. (PFM) or Community Forest Management (CFM), carbon-trading deals. In the controversial April it devolves the control and management of forests Salome case, the Executive Director of the OCC The Papua New Guinea Eco-forestry Forum is a from central government to community-level highlighted a benefit-sharing arrangement that not-for-profit non government organization. It is institutions. In some cases this involves the formal has landowners getting 35% and the OCC 20%.65 an umbrella organization that has a membership legal rights to the land; in others the land remains For the Kamula Doso area the OCC issued a of more than 20 national and international state property, with communities making use of certificate for 1 million tonnes of ‘voluntary organisations. The organization was formed in forest products under agreed management plans. carbon credits’ but without any indication of 1999 to represent the views of its members at the In most cases communities organise and how the income would be shared.66 The PNG national policy making level and to disseminate regulate themselves. government’s policy approach has been to useful information to build and enhance local recognise customary land rights, but then to capacity to help local communities and resource The experience of community forestry is largely claim that all trade and management of carbon owners make informed decision. The overall goal positive, with a growing body of evidence that in relation to those rights will be controlled by of the Forum is to promote genuinely sustainable the best way to combat deforestation is to give the government.67 This effectively nullifies the management of forests and good governance in the responsibility for forest management to indigenous landowners’ rights to manage the the forestry sector. www.ecoforestry.org.pg local communities. A recent analysis of 80 forest benefits from carbon traded from their forests. commons across ten countries shows that rule- 55 146 MtCO2 eq in 2000, WRI (2008). Climate In the words of Adelbert Gagai, a landowner Analysis Indicators Tool (CAIT) Version 5.0 (Washington, DC: World making autonomy at the local level is associated representative from the Oro province: ‘This is not Resources Institute (WRI). http://cait.wri.org “. with greater forest carbon storage and higher their forest and they cannot take it away from us. 56 The numbers being promised by the ‘carbon cowboys’ and from rough estimates livelihood benefits.74 Successful experiences with 68 of carbon in PNG forests, multiplied by a carbon price, amount to billions of US It belongs to us.’ dollars. Australian investment company Carbon Planet said it had carbon credits this approach, and the challenges of applying it worth over A$1 billion from 25 REDD projects already contracted in PNG (Carbon Planet powerpoint presentation, July 2009). The April Salome project was estimated under a REDD regime, are highlighted in these case Most of the carbon trade projects are claiming to generate credits worth US$50 million per month (April Salome, Sustainable studies presented by Accra Caucus members in Forest Management – Project Design Document. Voluntary Carbon Standard report, they will meet the Voluntary Carbon Standards December 2008). Tanzania and Nepal. (VCS),69 including a new standard developed 57 Section 53 of the PNG Constitution calls for ‘protection of unjust deprivation 70 for Improved Forest Management (IFM). of property’, which in this case includes land. Subsection 53(1) calls for just The detail of how community forest management compensation to be made on just terms by the state, where it takes possession of Unfortunately IFM is effectively a cover for land and not ownership. operates will vary depending on the type of forest logging and so-called Sustainable Forest 58 Greenpeace’s 2008 document, Preserving Paradise – The Value of Protecting Papua and the drivers of deforestation. In some cases, it 71 Management (SFM), where logging is carried New Guinea’s Forest for Climate (p. 16), provides an analysis of income from logging will require mechanisms to halt commercial and compared with forest carbon losses. out less destructively than by “business as usual” illegal logging by outsiders (through community 59 (BAU), and the carbon ‘saved’ is then sold. It is Al Jazeera documentary, 9 December 2009. patrols) and community members (through peer not known if landowners are aware of this, as the 60 As part of free, prior and informed consent. pressure and local accountability). In others, it will general understanding is that the forest will be 61 30 In PNG land is generally owned by the clan, and the legal process for establishing also reduce the impact of timber extraction for protected in exchange for payments as well as this is called Incorporated Land Groups (ILGs). subsistence use through sustainable harvesting, benefit-sharing. 62 See for example PNG Post Courier, 26 January 2010, ‘Landowners paid sitting fees’ and promoting alternative livelihoods. (p. 3). Flexibility is key. 31 Conclusion: the need for local solutions 63 Quote from real landowners of East Pangia (PNG Post Courier, 17 February 2010). 64 Quote from SBS documentary ‘PNG Climate Woes Continue’, December 2009. Five benefits of community management So far, PNG’s experience of REDD has 65 Letter from Dr Theo Yasause, ED of OCC to PNG Prime Minister, 12 June 2008 of forests (copy posted on www.redd-monitor.org). The remainder of the benefits goes to demonstrated that strong land rights and legal the promoter (5%), a bond to cover forest degradation (20%), and a 20% ‘Future protections on paper are not enough to ensure Generation Tax’. There are many reasons why a community-based that forests are protected, nor that communities 66 Certificate – Series Number B1, dated 3 November 2008 (copy posted on www. approach to forest management is the best way redd-monitor.org) are able to benefit. Secure tenure rights are a to successfully tackle the drivers to deforestation. 67 necessary condition for communities to benefit National Climate Change Policy Framework. PNG OCC, May 2009. First, Community Forest Management does from REDD, but are not sufficient on their own. 68 Statement to the PNG Ecoforestry Forum Climate Change and REDD conference, effectively reduce deforestation and degradation. November 2009, Port Moresby, PNG. Further safeguards are clearly needed, such as Communities have a vested interest in maintaining 69 mandatory consultation processes and capacity- www.v-c-s.org their forests and making sustainable use of building of communities to understand and 70 www.v-c-s.org/docs/Guidance%20for%20AFOLU%20Projects.pdf products ranging from timber and fuelwood to manage their carbon assets. 71 Global Witness (2009) Vested Interests – Industrial Logging and Carbon in Tropical foods, medicines and services such as watershed Forests, June; Rosoman G, Cotter J, Marahrens M (2009) Why Logging will not Save the Climate – the Fallacy of GHG Emission Reductions from So-Called SFM or RIL of protection and, more recently, ecotourism. They Other local arrangements for protecting forests Natural Forests. Greenpeace Research Laboratories Technical Note 07/2009, October. also have local and ancestral knowledge which have been also been proposed. One is a national 72 Trines E, Skutsch M, Dam P, eds (2008) Payments for Environmental Services in allows them to adopt specific practices for scheme for Payments for Environmental Services Papua New Guinea. Policy paper no. 3, November. (unpublished report) particular locations that are more effective than 72 73 (PES), based on respecting customary rights, PNG National Forest Fund Proposal (2009). www.greenpeace.org/australia/issues/ blanket ‘scientific’ approaches. Given the right deforestation/resource participation of communities and transparent support and incentives, communities can keep Case studies from the Accra Caucus - Land and Resources Rights Caucus - Land and Resources the Accra from Case studies Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies forests standing, maintaining and enhancing for REDD may in fact undermine the very Tanzania the carbon stocks of forests, not to mention the decentralisation that encourages community many other benefits that forests provide. forest management. There is a critical need for clarification of land rights, which are often Making REDD work for Second, Community Forest Management can ambiguous at best and leave open the possibility be far-reaching. Forest-dependent communities of manipulation and capture of the benefits people and forests - exist everywhere, and community management by elites. It is also crucial for an enabling state lessons from participatory methodologies can be replicated across a administration to support rather than hinder wide area without the need to set up a large decentralised community forestry. As policies to forest management public-sector infrastructure. It is estimated reduce deforestation need to apply to a whole that the proportion of forest under community nation’s forest and be administered nationally, By Charles Meshack, Tom Blomley and management in developing countries is around efficient systems are needed to ensure that 75 Nike Doggart of Tanzania Forest 25% – a figure that could be doubled or tripled benefits reach the local level. This includes with the right mix of polices and incentives, developing a coherent and coordinated approach Conservation Group (TFCG), and Rahima particularly in Africa where state control of between different areas of government. It needs Njaidi for the Tanzanian Network of forests predominates. to combine both top-down and bottom-up Community Forest Associations/Shirikisho approaches, striking the right balance between la Mtandao wa Jamii wa Usimamizi Third, Community Forest Management the needs of administering a national system and Misitu, (MJUMITA) contributes to and empowering communities to organise themselves Communities protecting forests, Tanzania poverty reduction. It provides sources of income using their own institutions. The growth in Tanzania’s population has © Charles Leonard Meshack to community members both in the form of contributed to the expansion of smallholder direct monetary returns and opportunities to Community Forest Management is recognised as agriculture and increased demand for forest diversify sources of livelihood based on forest the best way to protect forests, and as such has products such as charcoal. Forests provide over of Tanzania’s high-biodiversity coastal forests can products and services. Through protecting the a significant role to play. However, the challenges 90% of the national energy supply through be as much 5%. environment, it brings ecological benefits such as of controlling deforestation are also extremely fuelwood and charcoal, and 75% of construction safeguarding watersheds and biodiversity. Thus complex, and there is potential for much materials; but the forests are threatened by illegal Participatory management reduces deforestation CFM strengthens the three pillars of sustainability: confusion, exploitation and forest destruction. It is logging, fire, and insecure land tenure systems. and forest degradation economic, social and environmental. not simply a case of handing over power to local communities and telling them to ‘get on with it’, Tanzania is widely considered to have one of Independent studies have confirmed that PFM Fourth, community forestry fosters good leaving them vulnerable to profiteering project Africa’s most advanced and progressive legal offers improvements in forest management governance, accountability and gender developers and poorly informed local officials. frameworks for participatory forestry. The when compared with areas under direct state equity. Generally, local communities practise Cooperation between local communities and the Forest Act 2002 provided a clear legal basis management. A study carried out in the forests participatory decision-making and operate state will be the hallmark of successful efforts to for communities, groups and individuals across in the region of the Uluguru Mountains of Eastern benefit-sharing and accountability mechanisms. reduce deforestation through CFM. mainland Tanzania to own, manage or Tanzania compared six forests under Joint Village forest management committees are co-manage forests. Forest Management (JFM) and six forests under elected by the village assembly and are 74 Chazdon RL (2008) Beyond deforestation: restoring forests and ecosystem exclusive state management. It found that the services on degraded lands. Science 320: 1458–60. responsible for ensuring that the forest is There are two forms of participatory forest JFM forests had higher numbers of live trees managed for the benefit of the whole community. 75 Larson AM, Barry D, Dahal GR, Pierce Colfer CJ, eds (2010) Forests for People: management (PFM). Community-Based Forest Community Rights and Forest Tenure Reform. Earthscan. and naturally dead trees. There were 68% fewer Where committee members abuse their powers, Management (CBFM) is the most widespread, instances of timber trees being freshly cut, and they are removed from the committee, fined, and 76 Wertz-Kanounnikoff S, Kongphan-Apirak MK (2009) Emerging REDD+: A both in terms of the number of participating Preliminary Survey of Demonstration and Readiness Activities. Working Paper 34% more timber trees standing than state- even jailed (as in the case study from Tanzania). 46, Center for International Forestry, Bogor, Indonesia; www.cifor.cgiar.org/ villages and in the total area covered. Under publications/pdf_files/WPapers/WP46Wertz-Kanounnikoff.pdf managed forests. The incidence of fire was six As the case of Nepal indicates, gender equality CBFM, villagers are both owners and managers of times higher in the latter.77 can be promoted by ensuring participation of their forests. While they have to bear all the costs, 32 women at all levels and in all activities. all benefits from harvesting and using the forests Other studies have shown that the greater the 33 are retained and shared at the village level. This devolution of forest management responsibilities Finally, Community Forest Management is just. contrasts with (JFM) from the state to local levels, the greater the Forest communities have traditionally been where communities manage forests, but are not benefits. A study carried out in the forests custodians of the forest. Many indigenous the owners, and their rights and benefits are of the West Usambara Mountains of north- communities have deep spiritual and cultural often uncertain or insecure. eastern Tanzania compared indicators of forest links with, and respect for, the forest. Their role structure and disturbance between similar in protecting the forest for the common good Supported strongly by national and local forests under communal management (CBFM), should be recognised and rewarded through government, and assisted by a number of bilateral joint management (JFM) and exclusive state formalising their rights to the forest. and multilateral development partners, by management. Greater tenure security and October 2008 the estimated total area of forest institutional autonomy of the CBFM forest Successful community management of forests covered by Participatory Forest Management contributed to more effective management and requires a supporting policy environment (PFM) arrangements was 4.1 million hectares less illegal logging, while overall levels of forest (around 13% of the total forest area), involving disturbance were higher in the JFM and state- CFM will not happen in isolation, however. It over 2300 villages in 63 districts. managed forests.78 needs to be supported through appropriate guarantees, incentives and regulation, as the The deforestation rate is approximately 1.2 % per case studies below highlight. Although there year, with Tanzania losing approximately 412,000 have been timid efforts to promote community hectares of forest annually, mostly from forests on involvement in REDD,76 funding and requirements village land. Annual rates of deforestation in some Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies Community forests benefits livelihoods nominally have a higher carbon stock. This would power over forest use decisions increases. Hence affect the multiple services that forests provide strengthening and expanding policy changes The introduction of PFM at community level has “Studies have shown to rural communities as well as threatening that give communities control over decisions produced tangible benefits such as income from Tanzania’s forest biodiversity. It is essential affecting forest use is an essential precondition the sale of forest products (e.g. timber, firewood, that the greater the that any international agreement on REDD for reducing deforestation and degradation. charcoal and honey), sustainable supplies of includes safeguards that recognise and protect household products (firewood and building devolution of forest biodiversity and the multi-purpose function of It also requires transparent and accountable poles), the conservation and maintenance of forests to local people. systems to be established at village level, allowing water sources, and in some cases additional management the benefits from REDD to be shared, and benefits from ecotourism. Ensuring equity preventing the problem of richer members of the responsibilities from community benefiting from PFM at the expense of Despite this, communities face significant costs When PFM processes are well facilitated, they poorer ones. when embarking on PFM. Many of the forests the state to local can result in improvements in village-level that were handed over to communities were in governance and accountability. However, there TFCG, the Tanzania Forest Conservation Group, a very poor state, so the primary focus of many levels, the greater are many examples where the process has been is the largest Tanzanian non-governmental communities has been to gain control over their rushed and the general public are not informed organisation focusing on the conservation of forest (through patrolling and protection) and the benefits.” or consulted. In such cases it is easy for a village natural forests, in ways that are sustainable to restore forests to a manageable condition. management committee to capture the benefits and foster participation, co-operation and This takes time, during which opportunities for of forest management at the expense of the other partnership. www.tfcg.org benefiting directly from harvesting of timber villagers. As the committee often consists of products are limited. Furthermore, the high through public meetings, information-sharing the wealthier and more literate members of the Mjumita, the Federation of Community Forest conservation status of many forests being and publication of accounts) is another crucial community, the rich tend to become richer, the Conservation Networks in Tanzania, works with managed under PFM means that extractive use element for ensuring that the benefits of PFM are poor poorer. women, men and children who live adjacent options are very limited. Also many communities shared fairly. to forest reserves on the management and in Tanzania have encountered increased costs Time and resources must be invested in ensuring conservation of forests for the benefit of the over time, as populations of wild animals (such Box 4: Villagers convict their leaders of that community members understand the present and future generations. www.mjumita.org as monkeys, baboons and antelopes) benefit local-level forest crime proposals behind potential REDD payments, from the increased habitat protection, and raid or the problems if these payments are based on 77 Blomley T, Pfliegner K, Isango J, Zahabu E, Ahrends A, Burgess N (2008) offsetting emissions in industrialised countries, Seeing the wood for the trees: an assessment of the impact of participatory damage crops planted near the forest boundary. While undertaking routine patrols in Suledo forest management on forest condtion in Tanzania. Fauna & Flora International, Forest, village guards discovered a local and the benefits if payments can equitably build Oryx 42: 380–391. In such cases, management costs may exceed businessman harvesting timber. When community-managed forests. 78 Persha L, Blomley T (2009) Management decentralization and montane forest benefits. REDD incentives could provide valuable challenged, the businessman presented a ‘letter condition in Tanzania. Conservation Biology 23: 1485–96. income directly to community level managers of permission’ that had been issued (illegally) by Reducing transaction costs to support long-term forest management the Village Executive Officer (VEO), authorising and protection. the harvesting. At this time, all villages had Forests managed under PFM tend to be of very agreed a total ban on harvesting to allow different sizes in many cases are in inaccessible Participatory Forest Management improves local the forest to recover from heavy harvesting. areas. This means that if each forest were to governance and accountability The timber and harvesting equipment were be included in a REDD programme individually, impounded by the villagers and sold at auction; the transaction costs of ensuring that REDD CBFM provides a legally recognised framework the VEO was arrested, dismissed from his job payments reach the poor could exceed the for village governments to gain secure tenure and sentenced to six months in prison. payment value. If REDD funds are to benefit over forests on their land. Once the village communities under PFM arrangements, it will be assembly (made up of all adult residents within Lessons from PFM for REDD necessary to reduce costs through aggregating 34 the village) approves the bylaws, forest boundary, individual forest areas and collective promotion. 35 management plan and the membership of the Because of the positive impacts that are now One option currently being explored by the village forest management committee, the being seen both on livelihoods as well as Tanzania Forest Conservation Group and village forest is ‘declared’ and becomes a legally reducing emissions of greenhouse gases caused MJUMITA is the establishment of a ‘carbon recognised entity. A further benefit is improved by deforestation, there is growing interest in cooperative’, owned and managed on behalf of local governance and accountability. Village using PFM as an institutional framework for its members, the village-level forest managers, as forest management committees are elected by REDD in Tanzania. This is a great opportunity for a way to ensure equitable distribution of benefits. the village assembly and are responsible for communities, as long as a number of potential ensuring that the village forest is managed for threats are addressed, as detailed below. Conclusion the benefit of all members of the community. Where powers have been abused (for example Safeguarding multiple benefits Tanzania’s experience has shown that community- by committee members stealing money from the level forest managers provide an invaluable forest account), they can be removed from the Natural forests provide multiple benefits and global service by maintaining forests which committee, fined, and/or jailed (see Box 4). services to communities including food, energy, reduce emissions of greenhouse gases from soil conservation, medicinal plants, non-timber deforestation, along with all the other multiple PFM processes work best when forest users are and timber forest products and benefits that forests provide. In recognition of able to take part in decisions regarding how their protection. Given the definition of forests this they have the right to be compensated for forests will be managed and by whom. Ensuring currently used by the UNFCCC, there is a risk maintaining and restoring forests. The case of that the elected management committee that REDD may lead to the replacement of Tanzania shows that if this is through the sale is accountable to forest users (for example natural forests with exotic plantations that might of forest carbon, the risk of recentralisation of Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies • economic policy: to address the activities like goat-rearing, bee-farming, vermi- integrity of REDD; systems such as Payments for Nepal opportunity cost of forest, public investment, compost preparation, and cultivation of non- Environmental Services (PES) and community pricing of forest products and agricultural crops, timber forest products; allocated land to poor trust accounts, financed through international Is Community Forest and tackling poverty users for sustenance; initiated micro-finance REDD funds, provide the best opportunity to Management the most programmes; supported schools and provision reward communities for maintaining and restoring • governance: including corruption, land reform, of scholarships to poor students; established forests. viable option for institutional vacuum of forest management, forest enterprises; and developed links with other law enforcement and judicial delays and organisations. Conclusions implementing REDD+? confusions, property rights Community forestry has also been able to drive Community forests are a vehicle for social • social education: to confront factors such as social mobilisation and the practice of good change. CFM has not only helped to improve By Bhola Bhattarai, Nabaraj Dahal and rent-seeking behaviour and cultural attitudes governance in local communities. In general the condition of forests: it has also promoted Rijan Tamraka from the Federation towards public property. CFUGs practise participatory decision-making social inclusion, gender equality, equitable of Community Forestry Users Nepal and operate benefit-sharing mechanisms. Gender benefit-sharing and good governance. National (FECOFUN) and Practical Solution, Nepal The impact of Community Forest Management equality is promoted by ensuring compulsory data show that national forests are more participation of women in all the activities of prone to deforestation and forest degradation Community Forest Management (CFM) has CFUGs, including representation in the executive as government suffers from corruption, the Background proved to be effective in addressing the drivers committee and other sub-committees; indeed institutional vacuum of forest management, of deforestation and degradation in Nepal, and some 5% of CFUGs committees are all-female. law enforcement and judicial delays. This is not Some 21% of Nepal’s forests are managed by enhancing the carbon stock.79 to undermine the capacity and legitimacy of communities, and another 15% are managed by Thus the multiple benefits of CFM include government, but to recognise the reality of the the state as protected areas. The remainder are improving the economic status of the community, role that the civil society and local communities legally owned by the state but with no effective Box 5: How CFM helps the forests local environmental conditions, and the social can play in reducing deforestation and forest institutional arrangements to regulate their use, status and livelihoods of the people. degradation. Hence national forest areas handed protect the forest and exclude the non-users. A study assessing the management and condition over to communities with communal rights will be Hence they are de facto open-access resources, of community forests in four eastern hill districts For countries like Nepal (which already has more successful in avoided deforestation and forest and are the primary areas of deforestation in Nepal from 1994 to 1997 showed improvements an effective mechanism for involving local degradation, with reduced carbon emissions as a and degradation. in a number of key productivity indicators. There communities, women, marginalised groups co-benefit. was a lower level of grazing in Community Forest and disadvantaged people) the REDD+ policy The 1.2 million hectares under the community than in National Forest, and incidence of fire of awarding credits for reducing emissions CFM is a successful model for REDD forest regime are managed by over 14,000 and illicit is also lower. The proportion of from deforestation and forest degradation and implementation to follow. It can contribute community forest user groups (CFUGs), providing ‘active’ forest management increased from 3% to forest enhancement should be directed towards to expanding sustainable forest management benefits to more than 1.6 million households. This 19% and ‘no forest management’ decreased from Community Forest Management. This needs to practices in areas with high rates of deforestation programme has resulted in rural communities 97% to 43%. Regarding utilisation, be backed up by other policies and strategies and forest degradation. Incentives to ensure that gaining increased access to forest resources, 43% of CFUGs are harvesting more timber and in order to ensure control of deforestation and the forest communities are recognised as the together with improvements in biodiversity and 14% are harvesting less than before the formation forest degradation by communities. rightful owners of the forests, and compensated landscape values and improved livelihoods. of CFUGs. Similarly, 87% of CFUGs are harvesting accordingly through systems such as PES, would fuelwood and 47% are harvesting timber at levels Major issues to be addressed for the ensure the forest is managed sustainably, as The drivers of deforestation and forest lower than the productive capacity of the forest. implementation of REDD+ in community forestry already evident from the experience of CFM in degradation Nepal. Along with the improvement of forest stock, CFM For Community Forest Management to be an The rate of forest degradation in Nepal is improves the livelihood of local communities effective way of reducing carbon emissions, FECOFUN and other civil society organisations reported to be about five times higher than the and indigenous communities involved. Using several policy, governance and institutional in Nepal are actively campaigning for an increase rate of deforestation (8% and 1.6% respectively 36 data extrapolated from twelve hill and Terai issues need to be addressed. At the national in the forest area under community management between 1979 and 1994). 37 districts in 2002, it is estimated that community level, payments to reduce deforestation may be from the current 21% to over 60%. forestry yields an annual income of NRs 747 hampered by policies relating to overlapping The drivers of deforestation and forest million (US$ 10 million). This income was mostly rights over forest products, overlapping rights FECOFUN, the Federation of Community Forest degradation are complex and in most cases used for community development, forest over coordinating carbon payments, and unclear Users, Nepal is a social movement organization operate together, making them difficult to control. management, CFUG operation, and pro-poor federal structure. Therefore national legislation dedicated to promoting and protecting forest They include high demand for forest products livelihood programme. CFM has contributed to ought to make it clear that ownership of carbon users’ rights. www.fecofun.org (including wood for fuel and construction); infrastructure development, promoting alternative from community forests remains with the illegal logging, especially in border regions; sources of income and developing forest-based communities, and these rules must not contradict Practical Solution Nepal is a national level NGO encroachment and settlement for agricultural enterprises. other Acts. There should also be clear provision working on environment, climate change and purposes; and forest fires, many of which are of carbon management and ownership in each REDD issues from national to local level with rural caused intentionally for the purposes of hunting, Operational Plan of each CFUG. communities in Nepal. of grass and extraction of forest Box 6: How communities benefit from CFM products. As Nepal is undergoing a state restructuring With the introduction of CFM in Dolakha districts process, the new structure (most probably 79 Field survey data on change over four years at three different sites in While there is some direct action against all these the mid-hills and high-hills of the Himalayan region showed the annual increment since 1990, CFUGs have involved themselves in federal) should maintain and strengthen of carbon sequestration to be 7.04 tCO2 per hectare per year, excluding increase in drivers, a wider approach needs to tackle the soil organic carbon. building community development infrastructure community forests. There must be clarification underlying causes, with more action in the where they spend amounts ranging from NRs about the problems of carbon accounting and areas of: 500 to 200,000 (US$7–2800). They have baseline construction in international policy also promoted alternative income-generating discussions, which undermine the environmental Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies Case studies from the Accra Caucus - Community Forests Caucus - Community the Accra from Case studies There is little doubt that climate change will affect with predetermined conclusions. As the case us all, and its effects are already being felt by of Indonesia demonstrates, it is all too easy for “An international agreement to 5 many, widening the gap between the powerful REDD processes simply to replicate the inequities Conclusion and the disempowered. Our response must be of the status quo. protect forests should address guided by the knowledge that those who have the drivers of deforestation, contributed the least to climate change are those Civil society organisations have a key role to who will be affected the most.80 Governments play in ensuring that those directly affected by confront the forces that seek must show leadership and agree a fair, ambitious policy proposals can be involved in the decision to destroy forests, and empower and binding global agreement to sharply reduce making process. The case studies of DRC and greenhouse gas emissions under the UNFCCC. Ecuador demonstrate that even well-intentioned the communities who are best Developed countries must not outsource the government-led processes or constitutional necessary emissions cuts to developing countries frameworks may not achieve a high enough placed to protect, maintain through the carbon market or other offset level of consultation and participation to ensure and enhance them.” schemes. And schemes to reduce deforestation that proposals and plans are rooted in the local will not work if they are not based on addressing context. Respecting the principle of free, prior the underlying causes of deforestation – global and informed consent involves ensuring that demand for land and timber, poor forest rights-holders have the information they need will only be effective if it focuses its attention governance in many tropical countries and lack about what REDD is and how it will affect them. beyond carbon and finance. It should concentrate of secure rights. If safeguards are not in place The PNG case study serves as a warning about on addressing the drivers of deforestation, REDD will further marginalize those who depend what can happen when genuine consultation and confronting the forces that seek to destroy on forests, and will neither benefit the climate nor information sharing does not occur. forests, and empowering the communities who humankind in the longer run. are best placed to protect, maintain and As payments for avoided deforestation will be enhance them. Although negotiations about REDD are still linked to forest ownership, a crucial step must 80 UNPFII (2008) Impact of Climate Change Mitigation Measures on Indigenous ongoing in the UNFCCC, preparation for REDD be to formalise the rights of forest-dependent Peoples and on Their Territories and Lands. Submitted by Victoria Tauli-Corpuz and is already getting under way in many countries. communities and indigenous peoples to their Aqqaluk Lynge, Forum members. E/C.19/2008/1081 Forest Peoples Programme (2009) Moving the Goal Posts? Accountability Failures of the World Bank’s Forest Governments must demonstrate genuine political land, territories and natural resources. This is well Carbon Partnership Facility (FCPF). Rights, Forests and Climate Briefing Series. will to combat the vested interests that are illustrated in the contrasting case studies from threatening to allow increased international Brazil and Cameroon. Furthermore, ensuring attention on forests to do more harm than that the land rights of indigenous and forest- good. Initiatives to reduce deforestation must dependent communities are secure opens the benefit the climate and global ecosystem, while way to effective community forest management, ensuring the human rights of present and future an approach that, when properly implemented, generations are respected, particularly the effectively reduces deforestation and shares the rights of those depending on forests for their benefits equitably between forest custodians. The livelihoods. experience of Nepal and Tanzania are testimony to this. The case studies from the Accra Caucus, gathered in this report, have shown what the elements of a Because of the variety of contexts and the rights-based approach to reducing deforestation differences between forest nations, there is would be and why such an approach is now no single recipe for successfully combating long overdue. Analysis of the case studies shows deforestation. As this report has sought to that the full and effective participation of forest demonstrate, however, there are common communities is a key condition for tackling the ingredients that are necessary in all cases: a economic forces and institutional biases which rights-based approach with full participation of lead to deforestation. forest-dependent communities, security of land 38 tenure, and the community management 39 In order for full and effective participation to take of forests. place, there must be effective and functioning platforms which enable indigenous peoples, civil REDD started out as a historical opportunity to society and, specifically, local forest-dependent halt deforestation due to the unprecedented communities to bring their concerns to the interest in protecting forests at a high political attention of decision-makers at a national level. level. It has become clear that poorly managed A proper consultation process will improve and regulated, REDD also poses a threat that policy outcomes and enhance trust between could undermine the rights of indigenous governments and other stakeholders. Conversely, peoples. rushed processes and the use of arbitrary deadlines, will fail to address the concerns and Drawing from the real-life experiences of rights of indigenous peoples and local forest- forest-dependent communities and other civil- dwellers, lead to ineffective policies, and breed society organisations concerned with rights conflict.81 National policies to tackle deforestation and environmental issues, the Accra Caucus must be based on a genuine intention to establish for Forests and Climate Change believes that consent, rather than to legitimise processes an international agreement to protect forests Case studies from the Accra Caucus - Conclusion the Accra from Case studies Case studies from the Accra Caucus - Conclusion the Accra from Case studies The Accra Caucus on Forests and Climate Change is a network of southern and northern NGOs representing around 100 civil society and Indigenous Peoples’ organizations from 38 countries, formed at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Accra, Ghana in 2008. The Caucus works to place the rights of indigenous and forest communities at the centre of negotiations on Reducing Emissions from Deforestation and Degradation (REDD), and to ensure that efforts to reduce deforestation promote good governance and are not a substitute for emission reductions in industrialised countries.

In this report the Caucus proposes an alternative vision for achieving the objective of reducing deforestation, arguing for policies and actions that would tackle the drivers of deforestation, rather than focusing exclusively on carbon. Drawing on case studies from organisations with experience of working with forest communities, the report highlights problems linked to the implementation of REDD and suggests ways in which policies to reduce deforestation can actually work on the ground. Through case studies from selected countries the report highlights three critical components: full and effective participation (Indonesia, Ecuador, Democratic Republic of Congo); secured and equitable land rights (Brazil, Cameroon, Papua New Guinea) and community-based forest management (Tanzania, Nepal).

ISBN: 978-1-906131-09-8