REDD+, transparency, participation and resource rights: the role of law

Lyster, Rosemary

doi:10.1016/j.envsci.2010.11.008

Cited by 116 publications

(67 citation statements)

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“…REDD+, thus, alternates between an ethically informed conservation discourse about the need for global emission reduction and a utilitarian concept that simplifies nature to a tradable commodity, undermining socio-ecological resilience and crowding-out conservation motivations. The largely unresolved issue of resource use rights and tenure security in the tropical forest margins (Chhatre et al 2012;Larson 2011;Lyster 2011) further complicates PES-type REDD+ incentive mechanisms that involve a 'right to sell' carbon emission reduction credits. The challenges around tenure faced in Indonesia are common to other countries experimenting with REDD (Sunderlin et al 2013;Resosudarmo et al 2013).…”

Section: This Issue)mentioning

confidence: 99%

Reducing emissions from land use in Indonesia: motivation, policy instruments and expected funding streams

Noordwijk¹,

Agus²,

Dewi³

et al. 2013

Mitig Adapt Strateg Glob Change

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Land-based emissions of carbon dioxide derive from the interface of forest and agriculture. Emission estimates require harmonization across forest and non-forest data sources. Furthermore, emission reduction requires understanding of the linked causes and policy levers between agriculture and forestry. The institutional forestry traditions dominated the emergence of the discourse on Reducing Emissions from Deforestation and forest Degradation (REDD+) while more holistic perspectives on land-based emissions, including agriculture, found a home in international recognition for Nationally Appropriate Mitigation Actions (NAMAs). We tested the hypothesis that, at least for Indonesia, the NAMA framework provides opportunities to resolve issues that REDD+ alone cannot address. We reviewed progress on five major challenges identified in 2007 by the Indonesian Forest Climate Alliance: 1) scope and 'forest' definition; 2) ownership and tenurial rights; 3) multiplicity and interconnectedness of drivers; 4) peatland issues across forest and non-forest land categories; and 5) fairness and efficiency of benefitdistribution mechanisms across conservation, degradation and restoration phases of tree-cover transition. Results indicate that the two policy instruments developed in parallel with competition rather than synergy. Three of the REDD+ challenges can be resolved by treating REDD+ as a subset of the NAMA and national emission reduction plans for Indonesia. We conclude that two issues, rights and benefit distribution, remain a major challenge, and require progress on a motivational pyramid of policy and polycentric governance. National interest in retaining global palm oil exports gained priority over expectations of REDD forest rents. Genuine concerns over climate change motivate a small but influential part of the ongoing debate.

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Section: This Issue)mentioning

confidence: 99%

Reducing emissions from land use in Indonesia: motivation, policy instruments and expected funding streams

Noordwijk¹,

Agus²,

Dewi³

et al. 2013

Mitig Adapt Strateg Glob Change

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show abstract

“…The rights proponents tend to emphasize the role of international conventions about indigenous and human rights in the context of REDD+ (Lyster 2011). We recognize the need for drawing on such diverse approaches for the effective advocacy of the rights of forest users (see, Sikor and Stahl 2011).…”

Section: Nested Governance For Effective Redd+: Institutional and Polmentioning

confidence: 99%

Nested governance for effective REDD+: Institutional and political arguments

Kashwan

Holahan

2014

Int J Commons

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Abstract:Reducing Emissions from Deforestation and Forest Degradation and Forest Enhancement (REDD+) has become a central focus of global climate change mitigation efforts. Even though the international demand for forest-based carbon sequestration is the key driver of REDD+, forest protection strategies must be implemented on the ground. This cross-scale nature of REDD+ explains why scholars and policy makers increasingly favor nested governance arrangements over either fully centralized or fully decentralized REDD+ governance. The focus of the literature on nested REDD+ governance has mostly been on monitoring, reporting, and verification of carbon emission reductions across sub-national, national, and international levels. We build on Ostrom's principle of 'nested enterprises' to argue that REDD+ must be designed to systematically and formally link national policy reforms with the organization and execution of sub-national (regional and local) forest conservation efforts led by forest users. We also contribute new insights on the political dimensions of nestedness in REDD+, with important roles for intercommunity forestry associations and forest rights movements.

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“…More typically, national governments like Brazil retain or restrict alienation rights while recognizing the rights of indigenous peoples and local communities to use and even co-manage forest resources [36]. Similarly, carbon rights allocation could also be considered a "resource tenure", comparable to the civil law notion of the right of usufruct [17]. This is the right of reaping the fruits (fructus), i.e., income or benefit from someone else's property, without destroying or wasting the subject over which such a right is extended [12,37].…”

Section: Linking Carbon Rights To Existing Tenure Rightsmentioning

confidence: 99%

“…The concept of "carbon rights" is often poorly defined, which leads to diverging views on the subject of the "carbon right" [8,11] and a lack of a single, widely accepted, operational definition of the term in the literature (see e.g., [7,17,18]). Here, we conceive of the sequestration and storage of atmospheric carbon, that is the carbon taken up from the atmosphere and converted through photosynthesis to carbon stored in biomass, as a global scale ES, i.e., direct and indirect benefits humans derive from ecosystems [19][20][21].…”

Section: Conceptualizing Carbon Rightsmentioning

confidence: 99%

Taking Stock of Carbon Rights in REDD+ Candidate Countries: Concept Meets Reality

Loft

Ravikumar

Gebara

et al. 2015

Forests

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Abstract:In the discourses on who should benefit from national REDD+ implementation, rights-based approaches are prominent across various countries. Options on how to create viable property rights arrangements are currently being debated by scholars, policy makers and practitioners alike. Many REDD+ advocates argue that assigning carbon rights represents a solution to insecure individual and community property rights. But carbon rights, i.e., the OPEN ACCESSForests 2015, 6 1032 bundle of legal rights to carbon sequestered in biomass, present their own set of theoretical and practical challenges. We assess the status and approaches chosen in emerging carbon-rights legislations in five REDD+ countries based on a literature review and country expert knowledge: Peru, Brazil, Cameroon, Vietnam and Indonesia. We find that most countries assessed have not yet made final decisions as to the type of benefit sharing mechanisms they intend to implement and that there is a lack of clarity about who owns rights to carbon as a property and who is entitled to receive benefits. However, there is a trend of linking carbon rights to land rights. As such, the technical and also political challenges that land tenure clarification has faced over the past decades will still need to be addressed in the context of carbon rights.

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REDD+, transparency, participation and resource rights: the role of law

Cited by 116 publications

References 0 publications

Reducing emissions from land use in Indonesia: motivation, policy instruments and expected funding streams

Reducing emissions from land use in Indonesia: motivation, policy instruments and expected funding streams

Nested governance for effective REDD+: Institutional and political arguments

Taking Stock of Carbon Rights in REDD+ Candidate Countries: Concept Meets Reality

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