Securing rights as a mitigation measure

25 %
75 %
Information about Securing rights as a mitigation measure

Published on October 17, 2008

Author: rightsandclimate

Source: slideshare.net

Description

Jeffrey Hatcher, Policy Analyst, Rights and Resources Initiative

Securing rights as a mitigation measure: The costs of recognizing tenure rights & carbon benefits Jeffrey Hatcher, Rights and Resources Prepared for the conference “Rights, Forests and Climate Change” Convened by The Rainforest Foundation Norway and the Rights and Resources Initiative Oslo, Norway | October 15-17, 2008

Presentation structure Part 1 Community tenure central to mitigation What we do know about “who owns the carbon?” Calls on clarifying and recognizing rights What does recognition of rights mean? Part 2 Costs of recognition of community rights Costs of measures proposed under REDD schemes Part 3 Conclusions and ways forward

Part 1

Community tenure central to mitigation

What we do know about “who owns the carbon?”

Calls on clarifying and recognizing rights

What does recognition of rights mean?

Part 2

Costs of recognition of community rights

Costs of measures proposed under REDD schemes

Part 3

Conclusions and ways forward

Secure community rights make better forest management possible Insecure tenure a known, but difficult to quantify, driver of deforestation (Eliasch Review 2008) Communities invest at least US$1.3 - 2.6 billion a year in forest conservation in developing countries (Molnar 2004) Indigenous Peoples have proven that they promote permanence of carbon in forest (Nepstad et al. 2007) Increased size of and greater authority in community forests leads to better outcomes for carbon, livelihoods and biodiversity (Agrawal 2008) Insecure, unclear and unrecognized community tenure rights can lead to conflict (De Koning 2008) Many mitigation options available with secure rights

What we know about forest carbon ownership The issue is not clear & will require each country to reform law We do know that: Communities legally own at least 350 million hectares (Mha) of forest land (out of 4 billion). These forests contain approximately 70 to 140GtCO2e (Global emissions/year = 27GtCO2e.) Communities invested time, energy and money in maintaining these stocks And they did this without the major incentives potentially offered by REDD What incentive do they have to further maintain forests if they are not included in the process and in the incentive structures? What incentive do those who live in the forests but with unrecognized rights have to manage their forests and their carbon? We must take forest communities seriously to attain emissions reductions goals

The issue is not clear & will require each country to reform law

We do know that:

Communities legally own at least 350 million hectares (Mha) of forest land (out of 4 billion). These forests contain approximately 70 to 140GtCO2e (Global emissions/year = 27GtCO2e.)

Communities invested time, energy and money in maintaining these stocks And they did this without the major incentives potentially offered by REDD

What incentive do they have to further maintain forests if they are not included in the process and in the incentive structures?

What incentive do those who live in the forests but with unrecognized rights have to manage their forests and their carbon?

We must take forest communities seriously to attain emissions reductions goals

Who is calling for the clarification and recognition of rights in the REDD context? Wide recognition of the importance of “tenure rights”, “clear tenure” in the forest and climate debate – at least rhetorically: Civil society and NGOs (Accra, Congo Basin, TFD, etc) Indigenous Peoples (IIPFCC) Private Sector International organizations For different reasons Moral/HR (recognizing the integrity of Indigenous Peoples’ and communities territories) Economic (minimizing risk and transaction costs) Effectiveness (REDD won’t work without solid institutional base and community engagement) There is a recognition that we need to scale up clarification, recognition and securing of rights, but what do we mean by this and what do we know about what it might cost?

Wide recognition of the importance of “tenure rights”, “clear tenure” in the forest and climate debate – at least rhetorically:

Civil society and NGOs (Accra, Congo Basin, TFD, etc)

Indigenous Peoples (IIPFCC)

Private Sector

International organizations

For different reasons

Moral/HR (recognizing the integrity of Indigenous Peoples’ and communities territories)

Economic (minimizing risk and transaction costs)

Effectiveness (REDD won’t work without solid institutional base and community engagement)

There is a recognition that we need to scale up clarification, recognition and securing of rights, but what do we mean by this and what do we know about what it might cost?

Recognizing rights: Lessons from history (1) Some caveats and challenges Clarifying, recognizing and securing tenure rights and tenure systems are contentious political processes with complications and complexities Questions and intersections of customary law, politics and power Who defines community, which rights and who defines them Competing claims, overlapping rights, seasonal rights Must be based on the local context and not an imposition Recognizing rights is only one part of achieving tenure security: It is a larger social transformation that needs changes to markets, judicial reform, strong political rights, voice, regulations, strong internal institutions

Some caveats and challenges

Clarifying, recognizing and securing tenure rights and tenure systems are contentious political processes with complications and complexities

Questions and intersections of customary law, politics and power

Who defines community, which rights and who defines them

Competing claims, overlapping rights, seasonal rights

Must be based on the local context and not an imposition

Recognizing rights is only one part of achieving tenure security:

It is a larger social transformation that needs changes to markets, judicial reform, strong political rights, voice, regulations, strong internal institutions

Recognizing community rights means a systematic process recognizing the historic and customary land rights and tenure systems of forest dwellers made possible because of mobilization and legislative reform Different methods to use that all require negotiation: mapping  demarcation  registration  titling (size of area and type of registration should reflect social realities of territorial management) There are positive examples of recognizing the land rights of communities: Bolivia (TCOs) Brazil (TIs; RESEX) Mozambique (Lei da terra secured rights with a stroke of the pen; implementation of the law registered community territories issued in perpetuity – recent setbacks) Tanzania (Village Land Act; Forest Act) Since 2002, at least 60 million hectares of community forests have been recognized/transferred from the state to communities – but this isn’t fast enough There is a critical mass around the world, a solid knowledge base on forest tenure and methodologies and a clear need to scale up Recognizing rights: Lessons from history (2)

Recognizing community rights means a systematic process recognizing the historic and customary land rights and tenure systems of forest dwellers made possible because of mobilization and legislative reform

Different methods to use that all require negotiation:

mapping  demarcation  registration  titling

(size of area and type of registration should reflect social realities of territorial management)

There are positive examples of recognizing the land rights of communities:

Bolivia (TCOs)

Brazil (TIs; RESEX)

Mozambique (Lei da terra secured rights with a stroke of the pen; implementation of the law registered community territories issued in perpetuity – recent setbacks)

Tanzania (Village Land Act; Forest Act)

Since 2002, at least 60 million hectares of community forests have been recognized/transferred from the state to communities – but this isn’t fast enough

There is a critical mass around the world, a solid knowledge base on forest tenure and methodologies and a clear need to scale up

Securing community forest tenure rights is a fundamental step to mitigating climate change and it is a relatively cost-effective one

Many social and political costs cannot be calculated Costs will be higher in difficult to reach areas, where there is intractable political opposition, and in areas where large international expertise is needed initially Varying degrees of accuracy and formality affect costs Low-cost and context-adaptable methodologies exist Direct costs can be calculated and can include: Awareness raising Dispute resolution Equipment and materials Staff time (govt and ngo) Training Administrative costs Recurring training, staff costs, etc Cost data is difficult to ascertain, but clearly shows the range of costs What are the costs of recognizing rights?

Many social and political costs cannot be calculated

Costs will be higher in difficult to reach areas, where there is intractable political opposition, and in areas where large international expertise is needed initially

Varying degrees of accuracy and formality affect costs

Low-cost and context-adaptable methodologies exist

Direct costs can be calculated and can include:

Awareness raising

Dispute resolution

Equipment and materials

Staff time (govt and ngo)

Training

Administrative costs

Recurring training, staff costs, etc

Cost data is difficult to ascertain, but clearly shows the range of costs

o What do the costs of recognizing historic community tenure look like? These cases represent more than 8 million hectares of community territories World Bank costs for individual titling (per parcel): Philippines $51 (as at Mar 2008) Laos $18 (as at Dec 2007) Indonesia $32 (as at Oct 2007) Cambodia $8.50 (as at June 2007)

What are the costs associated with REDD Many costs unknown and many not calculated Types of costs that can be (and have been) estimated Capacity-building costs (includes land tenure and legal reform Eliasch review averages $20M/country) Implementation costs (management, monitoring, verification) Opportunity costs (replacing incomes)

Many costs unknown and many not calculated

Types of costs that can be (and have been) estimated

Capacity-building costs (includes land tenure and legal reform Eliasch review averages $20M/country)

Implementation costs (management, monitoring, verification)

Opportunity costs (replacing incomes)

Different costs estimates for REDD

Summary of findings Recognizing community tenure rights and systems: from $0.05 - $9 per hectare (average $3.35) The full costs of achieving REDD are unknown and impossible to calculate today. These estimates are the minimum the world will have to pay to achieve halving or stopping deforestation by 2030. Elements of REDD scheme: $800 - $3000/ha per year until 2030. Recognition of tenure rights – a low cost step to maintain and sequester carbon

Recognizing community tenure rights and systems: from $0.05 - $9 per hectare (average $3.35)

The full costs of achieving REDD are unknown and impossible to calculate today. These estimates are the minimum the world will have to pay to achieve halving or stopping deforestation by 2030.

Elements of REDD scheme: $800 - $3000/ha per year until 2030.

Recognition of tenure rights – a low cost step to maintain and sequester carbon

Conclusions: Let’s not be naïve, but let‘s not miss this climate opportunity Small cost can lead to a big climate and development payoff. Investing in tenure rights will provide benefits even without a carbon market Recognizing community tenure rights is fundamental to mitigating climate change but not sufficient Recognizing and securing rights is complex but feasible Methodologies and experiences exist – we can act Can scale up now in many areas; and we can push with new urgency for reforms Ways forward: Take advantage of political attention paid to rights to scale up recognition programs Lobby funds (UN-REDD, FCIP, FIP) and donor governments to include community tenure rights recognition in its criteria for funding REDD Provide advice on methods and avoiding locking in dominant power structures Support civil society to push for tenure reform locally and nationally Lobby governments to link forest and land tenure rights to carbon rights Identify priority countries Conclusions and ways forward

Conclusions:

Let’s not be naïve, but let‘s not miss this climate opportunity

Small cost can lead to a big climate and development payoff.

Investing in tenure rights will provide benefits even without a carbon market

Recognizing community tenure rights is fundamental to mitigating climate change but not sufficient

Recognizing and securing rights is complex but feasible

Methodologies and experiences exist – we can act

Can scale up now in many areas; and we can push with new urgency for reforms

Ways forward:

Take advantage of political attention paid to rights to scale up recognition programs

Lobby funds (UN-REDD, FCIP, FIP) and donor governments to include community tenure rights recognition in its criteria for funding REDD

Provide advice on methods and avoiding locking in dominant power structures

Support civil society to push for tenure reform locally and nationally

Lobby governments to link forest and land tenure rights to carbon rights

Identify priority countries

Thank you

Add a comment

Related presentations

Related pages

NEW YORK STATE’S ADAPTATION AND MITIGATION MEASURES ARE ...

... New York State’s adaptation and mitigation measures are securing a climate resilient future for its ... All rights reserved. Home; About; Events;
Read more

The Economic Costs and Benefits of Securing Community ...

The Economic Costs and Benefits of Securing ... of securing community forestland rights in ... compared with other mitigation measures. ...
Read more

New York State’s adaptation and mitigation measures are ...

... New York State’s adaptation and mitigation measures are securing a climate ... that support member states to shape the right set of ...
Read more

EIA Quality Mark Article - iema.net

EIA Quality Mark Article Securing mitigation measures for Nationally Significant Infrastructure Projects Mitigation measures identified in an
Read more

Mitigation - Introduction to International Disaster ...

Mitigation measures seek to reduce ... Removal or securing of projectiles. During tornadoes, ... All rights reserved.
Read more

Securing rights as a climate change mitigation strategy ...

The new report Securing Rights, ... Securing rights as a climate change mitigation strategy Center for International Forestry Research (CIFOR)
Read more

What is Mitigation? | FEMA.gov

Community Resilience Indicators and National-Level Measures: A Draft Interagency ... FEMA's mitigation and insurance efforts are organized into three ...
Read more

Securing Rights and Enhancing Capacities of Indigenous ...

Website of Tebtebba, the Indigenous Peoples' International Centre for Policy Research and Education.
Read more

The Economic Costs and Benefits of Securing Community ...

The Economic Costs and Benefits of Securing Community Forest Tenure: Evidence from Brazil and Guatemala
Read more