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Equity workshop: Equity, justice & well-being in ecosystem governance in Mexico

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A presentation by Juan Carlos Carrillo, Centro Mexicano de Derecho Ambiental A.C.E

This presentation was given at the Expert Workshop on Equity, Justice and Well-being in Ecosystem Governance, held at the International Institute for Environment and Development (IIED) in London, March, 2015.

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Equity workshop: Equity, justice & well-being in ecosystem governance in Mexico

  1. 1. Equity, Justice & Well-being in Ecosystem Governance
  2. 2. Equity in México • Equity, as can interpreted from policies, implies guaranteeing the full exercise of social rights and addressing social inequalities. • The exercise of social rights, translates to access to basic services, as basic human capital needed to fully develop as individuals.individuals. • Mexico is a signatory of several rights and environmental international mandates that also promote equity and its principles. • Never the less, the reality in Mexico is very unequal (economic, cultural & gender discrimination).
  3. 3. REDD+ in México • It is the link between forest management and conservation, looking forward Sustainable Rural Development. • Perspective of integrated landscape management, that implies the junction of environmental (LGEEPA), forest (LGDFS) and climate (LGCC) with the sector that implies the junction of environmental (LGEEPA), forest (LGDFS) and climate (LGCC) with the sector rural (LDRS) and agricultural (LA) laws and ectors in Mexico. • REDD+ is intended to move the legal and institutional framework in order to effectively benefit forestry communities.
  4. 4. Equity approaches 1. Benefits should be given to those who effectively avoid emissions or increase the capture of CO2. 2. The benefits must provided to those who have rights over land and natural resources. 3. Benefits must be channeled in favor of the poorest and most vulnerable population or marginalized (usually indigenous peoples, women and the elderly).
  5. 5. Questions • Who should get the benefits of REDD +, people Deforest and degrading forests (to change their behavior) or people that increase carbon sinks (to encourage their behavior)? • The vast majority of women, children and had no formal rights or obligations despite being highly involved in forest management.
  6. 6. Questions • What is the appropriate legal concept (lack of a clear and uniform definition): indigenous people, indigenous community, local community and agrarian community? • How is should be given benefits, rights or activities or needs-based)? • Who decides how, when and to whom support? Federal, State and municipal, agricultural, or traditional authorities?
  7. 7. Options of mechanisms for equity benefits distribution Scheme Legal instruments & tools (subnational level) Equity approach Scheme 1 Private agreements (voluntary market) The benefits must provide those who have rights over resources. Scheme 2 Public programs (subsudies) Investments plans Local Development Banks Benefits should be given to those who effectively avoid emissions or increase the capture of CO2. Benefits must be channeled in favor of the Local Development Banks Taxes Benefits must be channeled in favor of the poorest and most vulnerable population Scheme 3 Private agreements (voluntary market) Public programs (subsudies) Investments plans Local Development Banks Taxes The benefits must provide those who have rights over resources. Benefits should be given to those who effectively avoid emissions or increase the capture of CO2. Benefits must be channeled in favor of the poorest and most vulnerable population.
  8. 8. Challenges • To harmonize/ align international and national (environmental, forestry, rural and agrarian) policies based on equity principles, clear homogeneous and actualized/updated concepts. • To develop regulations and legal instrument that allows making operative general principles and collective rights.
  9. 9. Challenges • To understand REDD+ as a compensation mechanism that might not necessary be linked to property rights as such, but some other “under-rights” such as possession, use and the right to receive benefits (usufructo). • To focus on REDD+ activities regulation (ToRs,• To focus on REDD+ activities regulation (ToRs, eligibility criteria, requirements, etc.) in order to address the needs of people. • To include equity (and gender) at the highest level (objectives) of forestry, environmental, rural and agrarian Laws. •
  10. 10. Propossals • Legal reforms to recognize rights of certain holders that do not have agrarian formal rights. • Establish a specific Fund to finance activities (and needs) to be performed by people who are not owners or have recognized agricultural duties (legalowners or have recognized agricultural duties (legal owners). • Create and modify internal ejidos & comunidades regulations that, based on agreements of Assembly, recognize rights to receive benefits from REDD+ to certain holders.
  11. 11. Considerations • Safeguards and international standards can address the different equity dimensions and principles. • Project developers must include indicators to measure the achievement of the expected results (improve livelihoods and governance, address inequalities, and diminish poverty) (improve livelihoods and governance, address inequalities, and diminish poverty) • Knowledge landscape and cultural aspects will be crucial to design a benefit sharing mechanism that does not reinforce or create new inequalities.
  12. 12. Juan Carlos Carrillo jcarrillo@cemda.org.mx

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