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

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<strong>Community</strong> <strong>guidelines</strong> <strong>for</strong> <strong>accessing</strong> <strong>for</strong>estry <strong>voluntary</strong> <strong>carbon</strong> markets<br />

• Are <strong>for</strong>est <strong>carbon</strong> projects legal?<br />

• What laws and regulations do I need to know about?<br />

• Am I allowed to use my land <strong>for</strong> <strong>for</strong>est <strong>carbon</strong> projects?<br />

• Do I have the right to sell <strong>carbon</strong> credits?<br />

• How might my project affect other peoples’ land rights?<br />

• If laws are not yet clear on <strong>for</strong>est <strong>carbon</strong>, could my rights<br />

change in the future, and how would this affect my project?<br />

In many countries in the region, governments are starting to develop<br />

national REDD+ programmes. This may help in the development of<br />

<strong>for</strong>estry VCM projects, or make them more difficult, or both. On the<br />

positive side, national programmes must clear up any legal uncertainty<br />

on <strong>for</strong>est <strong>carbon</strong> issues, so project developers in these countries should<br />

soon have a much better idea of their rights to start a <strong>for</strong>estry VCM project<br />

and to benefit from the trade in <strong>carbon</strong> offsets. On the other hand, more<br />

rules and regulations may make it more difficult <strong>for</strong> private individuals<br />

or communities to benefit from the VCM. Forestry VCM projects must<br />

fit (or ‘nest’) somehow within a national REDD+ programme, to avoid<br />

double accounting, i.e. the VCM project developers and the government<br />

cannot both trade the same <strong>carbon</strong> credits. In most cases, it is still too<br />

early to say how REDD+ programmes will affect <strong>for</strong>estry VCM project<br />

developers, but it is vital to keep up to date with the legal implications.<br />

Independent legal advice is very important. In rural areas, it is often one<br />

of the hardest services to find. There are few government services that<br />

provide legal aid or af<strong>for</strong>dable, accessible support <strong>for</strong> legal processes<br />

to small businesses in rural areas. It will there<strong>for</strong>e probably be more<br />

productive to approach local community groups with requests <strong>for</strong> legal<br />

aid relating to the <strong>for</strong>estry VCM and to make sure that this message<br />

reaches civil society organizations that have access to international<br />

funding agencies. Civil society organizations in the Asia-Pacific region,<br />

however, often focus their legal aid ef<strong>for</strong>ts on human rights and<br />

governance re<strong>for</strong>m, but not on business development.<br />

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