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REDD+ Overview and Main Law & Policy Issues - July 2014

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Overview presentation on international and comparative forest-related law and policy issues to Papua New Guinea national government and civil society forum.

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REDD+ Overview and Main Law & Policy Issues - July 2014

  1. 1. John Costenbader Sr. Consultant, Climate Focus National consultation on Papua New Guinea forest and REDD+ related policy & legislation Port Moresby, Papua New Guinea 25 July 2014 Overview of REDD+ and Main Policy & Legal Issues
  2. 2. Objectives 1. Understand REDD+ in the context of evolving international forest and climate policy 2. Consider forest and land use sector law and policy needs & challenges for REDD+
  3. 3. Structure I. Overview of REDD+ 1. Basic Background 2. Key Elements II. Main Legal/Policy Issues for REDD+ 1. Substantive & Procedural Issues 2. Practical Options
  4. 4. Part I Overview of REDD+
  5. 5. What is REDD+? Reducing Emissions from Deforestation and forest Degradation in developing countries; and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks
  6. 6. 1. Basic Background • REDD+ broadens policy focus from forest conservation to climate change mitigation. o Underlying problems remain the same and basing forest conservation on emissions has its own challenges. • For REDD+ to succeed, causes of deforestation and degradation must be addressed. o Causes may be local, national or international, and are often cross-sectoral; o Main causes: agricultural expansion & unsustainable logging.
  7. 7. 1. Basic Background • REDD+ differs from traditional approaches in its national-level performance basis;‡ • Develping countries able to reduce deforestation/degradation relative to a reference time period can receive financial compensation. • Goal is emissions reductions but potentially multiple benefits.
  8. 8. 1. Basic Background Phase 1: Developing strategies & plans, policies & measures; capacity building; Phase 2: Implementation of strategies, policies and measures; pilot projects Phase 3: Result-based actions fully measured, reported and verified. Scale National with sub-national as an interim measure. Phased approach
  9. 9. 1. Evolution of REDD+, 2005-2014 2005 • RED • (Direct) compensation payment for avoided deforestation • Criterion: avoided emissions • Financing: international offsets from cap & trade mechanisms • Pilot projects with state/ national strategy 2014 • REDD+ • (Direct or indirect) incentives for forest conservation, sustainable management, restoration • Criteria: reduced emissions, carbon stocks + safeguards, MRV • Financing: mix of sources, major potential: international payment for performance • Jurisdictional (nested) programs
  10. 10. 2. Key elements of REDD+ system 1. Reference level; 2. Monitoring, reporting and verification; 3. Financing; 4. Incentive allocation; 5. Safeguards.
  11. 11. Reference level: A baseline for assessing performance in reducing emissions, expressed in tons of carbon dioxide equivalent per year. Historical emissions from deforestation Projected emissions without REDD+ Reference level TonnesC02eq Implementation of REDD+ Policies and Measures (PAMs) Actual emissions with REDD+ REDD+ Payments 2.1 Reference level Time
  12. 12. Forest carbon measurement: Combines remote sensing and inventory data 2.2 Measurement, Reporting & Verification
  13. 13. 2.2 Measurement, Reporting & Verification
  14. 14. 2.3 Financing • Private • voluntary carbon markets & projects; • Public • UNFCCC agreement; • bilateral agreements; • multilateral funds:
  15. 15. 2.4 Incentive allocation • Form of incentives at different levels: o Cash? o Development support? • In return for: o Implementation of policies & measures? o Emissions reductions? o Both?
  16. 16. 2.5 Safeguards Cancun Safeguards (2011): (a) Follow nat’l forest programs, int’l conventions & agreements; (b) Transparent and effective national forest governance structures; (c) Respect knowledge and rights of indigenous and local people, noting UN Declaration on the Rights of Indigenous Peoples (UNDRIP); (d) Full and effective participation of relevant stakeholders; (e) Consistent with conserving natural forests & biodiversity (f) Actions to address the risks of reversals; (g) Actions to reduce displacement of emissions.
  17. 17. Part II Policy & Legal Issues for REDD+
  18. 18. Importance & challenge of REDD+ law & policy Forest and Land Use Change: 10-20% of overall emissions How to develop a system that is: • Functional; • Measurable; • Just; • Evolving… • … and Simple???
  19. 19. Main Policy & Law Issues for REDD+ 1. Substantive Issues: 1. Land, Forest & Carbon Rights 2. Institutional Arrangements 3. Implementation 4. Land-Use Planning 5. (Et al. Issues) 2. Procedural Approaches: 1. Balancing Policy, Legislation & Regulation
  20. 20. 1.1 Land, Forest & Carbon Tenure • Legal provisions on scope & ownership of rights • Recognition of traditional rights, community forests • Gaps or conflicts in land, forest, carbon rights regulations • Identification of persons possessing rights • Systems for registration of rights
  21. 21. 1.2 Institutional Arrangements • Institutions designated for forest & climate change program design & implementation • Horizontal (inter-agency, inter-sectoral) & vertical (central-provincial-local) coordination
  22. 22. 1.3 Land Use Planning • Coordination/harmonization across: • land use & related economic sectors • national and provincial levels • Forest/land use maps; prioritization of areas; identification of eligible activities & actors
  23. 23. 1.4 Implementation • Regulations for implementing national & sub- national law • (but… overregulation problem) • Capacity of administrative, legislative and judiciary branches in policy development, implementation, oversight process
  24. 24. 1.5 Et al. Law & Policy Issues i. Incentive allocation ii. Safeguards iii. Gender mainstreaming iv. Measurement & MRV
  25. 25. 2.1 REDD+ Procedural Approaches Main questions: • Subnational or national leadership? • Branches involved: • Executive policy or regulation? • Parliament legislation? • New law or existing law? • How much to include, and where? • Where to start? Brazil Mexico Indonesia DRC Policy  Environmental Policy  Climate Change Policy  National Plan on Climate Change  Plan for the Prevention and Control of Deforestation in Legal Amazon  [Draft REDD+ Strategy]  National REDD+ Strategy  National REDD+ Strategy Legislation  Constitution  [Draft REDD+ Law]  Forest Code  Public Forest Mgmt. Law  National Climate Change Policy (Law)  Legal Land Program  Access to Information Law  Environmental Information Law  Constitution  General Climate Change Law  General Law for Sustainable Forest Development  General Environmental Protection Law  Agrarian Law  Sustainable Rural Development Law  Constitution  Forestry Law  Agrarian Law  Regional Autonomy Law  Fiscal Balance Law  Spatial Planning Law  Constitution  Forest Code  Land Tenure Code  Agriculture Code  Decentralization Law Regulation  Public Forest Mgmt. Law Decree  National Climate Change Policy Decree • Law for Sustainable Forest Development Decree  Implementation of Forest Carbon (Reg. 20)  REDD+ Demonstration Activities (Reg. 68)  REDD+ Implementation (Reg. 30)  Licensing Carbon Sequestration and Storage (Decree 36)  Establishing REDD+ Task Force * REDD+ Implementation Structure (Decree 09/40)
  26. 26. Conclusions • Evolution in REDD+, from: • projects to programs, and • private to public finance • Importance of creatively adapting REDD+ to national & subnational contexts • No one best system • “With or without REDD+” • Need to consider science and (subnational, national, international) policy contexts
  27. 27. Thank you! John Costenbader j.costenbader@climatefocus.com

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