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Adapting Existing Laws for Benefit Sharing and Peoples Participation in REDD+ Tanzania Case

Adapting Existing Laws for Benefit Sharing and Peoples Participation in REDD+ Tanzania Case. Abdalla Said Shah IUCN ESARO World Conservation Congress Conservation Campus, Jeju Republic of Korea 8 th September 2012. Introduction.

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Adapting Existing Laws for Benefit Sharing and Peoples Participation in REDD+ Tanzania Case

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  1. Adapting Existing Laws for Benefit Sharing and Peoples Participation in REDD+Tanzania Case Abdalla Said Shah IUCN ESARO World Conservation Congress Conservation Campus, Jeju Republic of Korea 8th September 2012

  2. Introduction REDD+ is a climate change mitigation option through forest conservation, sustainable forest management, and enhancement of forest carbon stocks. Ideally it should be of significant financial benefits to forest managers and owners (private companies, communities, or government s). The benefits are to come from the compensation for opportunity costs of land use change and REDD rent. The challenge is to coordinate and the benefit should be shared. We are also concerned with what are the legal barrier to benefit sharing

  3. Benefit Sharing: The Definition Benefit sharing in the context of REDD in Tanzania can be defined as the legal arrangement put in place to guide the process of channeling and coordinating distribution of REDD monetary benefits (due to commercialization of forest carbon) from markets or set fund to the entity implementing REDD (beneficiaries). In Tanzanian context, the REDD benefit sharing is built to serve different types of forest ownership (reserves forest, private forest and village land forest).

  4. Existing laws and Policies Supporting Participation and Benefit Sharing for REDD+

  5. Adapting of Existing Laws for REDD+ Pilot project benefit sharing mechanism is mainly guided by the Forest Act of 2002: Participatory forest Management (PFM) Establishment Of Village Forest Reserve Allows 100% retention of Revenue by community Thus income from REDD+ may be considered as another revenue from forest

  6. Adapting of Existing Laws for REDD+ The Local Government Act (District Authorities Act) of 1982 Give power to the villages to develop village by-laws for natural resources management . This act provides opportunity for communities to development by laws for coordinating REDD+ benefit sharing among the villages. Villages may establish a special committee that will coordinate and provide recommendations for the best option of use of REDD revenues. All the decisions about the benefit distribution or utilization should be made by the village assembly .

  7. Gaps in Existing Laws to support REDD+ The are a general inadequacy in the legal foundation and policy framework which support and guide implementation of REDD+, but are not limiting. There is no specific provision of the law that permits the establishment and implementation of REDD+ activities. The need for Strategic Environmental Assessment (SEA) and environmental Audit for REDD+ is not adequately addressed in the existing laws.

  8. Adapting Existing Laws Various laws and policies can be adapted to enable implementation and legitimize REDD+ as well as define and support to REDD+ institutional framework. The legal adjustments can be made during law review: Enable institutional and policy harmonization where there are conflicts, since REDD+ is a multi stakeholder initiative. Provide mechanism of establishing REDD+ as a program that supports conservation of forests and as a means to enable countries to meet their international obligations with regards to climate change mitigation as well as an avenue of obtaining revenue and improving livelihoods. Strengthen land tenure and ownership systems to avoid “land grab” in the course of implementation of REDD+ schemes.

  9. Adapting Existing Laws Define benefit Sharing under Joint Forest Management arrangement . Supporting, trusting and sustaining Participatory Monitoring, Reporting and Verification for REDD+ Assuring land tenure development to encourage investment in REDD.

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