Legal landscapes in biodiversity and social safeguards: presentation

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eminar on Landscapes in a Carbon Focused World 26 October 2012 …

eminar on Landscapes in a Carbon Focused World 26 October 2012
SIANI, Focali & Naturskyddsföreningen organized a one-day seminar in Gothenburg.

Summary: Safeguards have gained momentum in the international environmental arena especially in action for REDD+ under the UN Framework Convention on Climate Change (UNFCCC). This presentation will address the way safeguards can be related to different biodiversity financing mechanisms, and learn from the REDD+ discussions under the UNFCCC. While scaling up biodiversity finance is key for achieving the three goals of the Convention on Biological Diversity (CBD), the development of new biodiversity financing mechanisms has also generated concerns over the potential problems, which span from generating financial speculation to affecting the rights of indigenous peoples and local communities. The presentation will examine legal landscapes that can be useful for developing and implementing safeguards related to biodiversity financing mechanisms in an equitable way.

Claudia Ituarte-Lima is Legal Advisor at the Resilience and Development Programme (Swedbio), at Stockholm Resilience Centre. She is an international public lawyer with theoretical and applied experience in both multilateral and community environmental issues. She holds a PhD from University College London, an MPhil from University of Cambridge, and diplomas from Bourgogne University in France, among other. Her distinctions include the Human Rights Award by American University, Washington College of Law. Her current interests are climate change and biodiversity laws and policies in relation to poverty alleviation, livelihoods and development. She holds visiting status at the Environmental Change Institute, University of Oxford and the Stockholm Environmental Institute.

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  • 1. .Legal landscapesin biodiversity and social safeguardsClaudia Ituarte-Lima,Resilience and Development (SwedBio)at Stockholm Resilience Centre26 October 2012, Seminar: Landscapes in a carbonfocused world by SIANI, Focali &Naturskyddsföreningen in Gothenburg
  • 2. Discussion paper:Safeguards for scaling-up biodiversityfinancing and possible guiding principlesClaudia Ituarte-Lima, Maria Schultz, Thomas Hahn and Sarah Cornell.e-mails: claudia.ituarte@cantab.net, maria.schultz@stockholmresilience.su.se,thomas.hahn@stockholmresilience.su.se, sarah.cornell@stockholmresilience.su.seThis presentation is based on:Information document for the CBD-Conference of the Parties 11, UNEP/CBD/COP/11/INF/7.http://www.cbd.int/doc/meetings/cop/cop-11/information/cop-11-inf-07-en.pdf
  • 3. 1.- IntroductionPresentation’s structure5.- Concluding remarks3.- Legal landscapes on safeguards2.- Legal landscape approach4.- Safeguards and different types of BiodiversityFinancing Mechanisms
  • 4. 1. IntroductionBiodiversity Financing Mechanisms (BFMs)• non-maket and market alternatives; established and newmechanisms•various values of biodiversity (incl. resilience) serve asjustification for its protection• valuation of biodiversity does not necessarily imply lettingmarket solve challengesEvolving notion of safeguards:• from financial institutions to new arenas• multifaceted features of safeguards
  • 5. •Emphasis on dynamic legal systems concerning theinteraction between people and nature• Aims to reconcile trade-offs between improving thelivelihoods of natural resources’ dependent people andconserving biodiversity• Implies social learning (incl. approaches to change) forbetter governance• While being context specific, different scales can beaddressed• Takes into account the co-existance of various ecosystems2. Legal landscape approach
  • 6. • Distinction between procedural and substantivesafeguards• Safeguards at multiple scales and their dynamicinteractions• Social and environmental impact assessments: whatneeds safeguarding in particular contexts3.1 Legal landscapes on safeguards:learning from existing laws and policies
  • 7. 3.2.- Legal landscapes on safeguards:elements and guiding principles in BFMs• Biodiversity values for local livelihoods• People’s rights, access to resources and livelihoods• Local and country-driven/specific processes linked to theinternational level• Governance, institutional frameworks and accountability
  • 8. 4.- Safeguards and different types of BFMs• Payment for ecosystem services (PES) such as REDD+:procedural safeguards (e.g. free prior informed consent)syncronised with substantive safeguards (e.g. carbon, land andforest associated rights and duties). Tangible resources linkedto intangible resources.•Fiscal reform: safeguards to reduce perverse incentives suchas avoiding subsidies to unsustainable practices. PES aresometimes financed by an earmark fiscal reforms.• International development assistance (ODA): although itmay not be an innovative financing mechanism, it can provideseed money (e.g. PES) and lessons for various BFMs.
  • 9. 5.- Concluding remarksGuiding principles can be the baseline underlyingsafeguards in all BFMs.Yet, there are linkages in practice between different BFMs.Hence, the harmonisation of safeguards can make themmore effective and equitable.Biodiversity and social safeguards need to respond to therisks and opportunities of each BFMs.
  • 10. 5.- Concluding remarksSubstantive safeguards: broader perspective in definingrights and duties for reconciling biodiversity conservation inall ecosystems and people’s livelihoods.A legal landscape approach can serve for developing andimplementing safeguards with a new perspectives.Procedural safeguards: involve a shift of perspectivefrom static provisions in laws to resilient and locallyrooted safeguards that are supported by country-driven processes that make use of existinginternational legal and policy instruments.