Community guidelines for accessing forestry voluntary carbon ... - FAO

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Background information Table 9: Sources of information Organization Type of information CIFOR Science, Policy Analysis, Advice FAO Policy, Science, Best Practice Style Languages Website Review, Reports, Analysis RECOFTC Policy News, Analysis, Advice REDD-net Policy Analysis, Opinion Forest Trends Science, Project development News, Advice Bahasa Indonesia Chinese Bahasa Indonesia, Chinese, Khmer, Lao, Nepali, Thai, Vietnamese Bahasa Indonesia, Chinese, Khmer, Lao, Nepali, Thai, Vietnamese www.cifor.org www.fao.org/ documents www.recoftc. org www.reddnet.org www.foresttrends.org 7.3 Legal advice All countries have different laws and regulations that affect your rights to use and own land. Even within countries, some states and provinces have different regulations. Forest carbon projects are a new kind of land use. Most legal systems have not been adapted to suit them. Before starting any detailed preparations for forestry VCM projects, therefore, it is necessary to find the answers to a few legal questions, including: 161
Community guidelines for accessing forestry voluntary carbon markets • Are forest carbon projects legal? • What laws and regulations do I need to know about? • Am I allowed to use my land for forest carbon projects? • Do I have the right to sell carbon credits? • How might my project affect other peoples’ land rights? • If laws are not yet clear on forest carbon, could my rights change in the future, and how would this affect my project? In many countries in the region, governments are starting to develop national REDD+ programmes. This may help in the development of forestry VCM projects, or make them more difficult, or both. On the positive side, national programmes must clear up any legal uncertainty on forest carbon issues, so project developers in these countries should soon have a much better idea of their rights to start a forestry VCM project and to benefit from the trade in carbon offsets. On the other hand, more rules and regulations may make it more difficult for private individuals or communities to benefit from the VCM. Forestry VCM projects must fit (or ‘nest’) somehow within a national REDD+ programme, to avoid double accounting, i.e. the VCM project developers and the government cannot both trade the same carbon credits. In most cases, it is still too early to say how REDD+ programmes will affect forestry VCM project developers, but it is vital to keep up to date with the legal implications. Independent legal advice is very important. In rural areas, it is often one of the hardest services to find. There are few government services that provide legal aid or affordable, accessible support for legal processes to small businesses in rural areas. It will therefore probably be more productive to approach local community groups with requests for legal aid relating to the forestry VCM and to make sure that this message reaches civil society organizations that have access to international funding agencies. Civil society organizations in the Asia-Pacific region, however, often focus their legal aid efforts on human rights and governance reform, but not on business development. 162
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RAP PUBLICATION 2012/16 Community g
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Foreword The impacts of climate cha
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Table of Contents Foreword iii Acro
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List of Boxes Box 1: Grouped projec
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SFE SFM SOC SOP UNFCCC USAID VCM VC
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Afforestation, Reforestation & Re-v
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Climate Change Adaptation 5 Adjustm
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minimum threshold values at maturit
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(PD) is an official term under one
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obtaining and maintaining project r
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Community guidelines for accessing
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1 Forests and climate change 19
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Chapter 1: Forests and climate chan
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Page 194 and 195: ANNEX I Part 1: Project description
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Page 216 and 217: ANNEX III 3.4.5. Non-timber forest
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