Institutional Mechanisms for REDD+ - Case Studies Working Paper

infrastructure and social services. The Code defines ―riparian communities‖ as a ―cohesive group traditionally
organized by customary rules, bound by clan or parental solidarity [and] attached to a specific territory.‖ 76 The
Code mandates that companies sign social agreements with these communities as part of the forest
management plan, provide a model for these agreements defining what should be negotiated between the
parties, and, to a certain extent, define how the negotiations should be carried out (Arrêté 028, 2008).
The implementation of this new regulation was just starting in 2011. The Arrêté 023 provided the model of
social agreement that was adopted on June 7 2010, based on the experience of a pilot with a Société de
Développement Forestier (SODEFOR) concession. In 2011, the Ministry of the Environment launched a request
for proposals for consultants to disseminate information on the new regulation to the communities located
near the 80 active logging concessions and to support communities in the negotiation of these agreements.
The drafting process of the Arrêté 023 77 was exceptionally open and participative, prompting a deep sense of
ownership among NGOs who contributed to, and fought for, the model of social agreements proposed in
the Arrêté. This process might explain why these NGOs now strongly support using social agreements in
REDD+ projects, in spite of the limited experience with their implementation to date.
This section will present the benefit-sharing mechanism created by this new regulation in general terms, since
it was not possible to make a site visit to an active concession during the course of this study.
2.4.1 GENERAL DESCRIPTION OF THE INSTITUTION
The implementation of social agreements is regulated by the Arrêté 023, which requires the creation of a local
development fund (FDL) to be managed by a local management committee (CLG). The CLG are comprised
of one representative from the logging company and at least five elected representatives of local communities
or indigenous populations whose territory (under customary tenure) overlaps with the concession where
logging is taking place. The president of the CLG is an elected member of the local community or indigenous
populations and acts under the supervision of traditional authorities of these communities. A civil society
organization can assist local communities and attend CLG meetings as an observer.
Social agreements signed between local communities and concessions list in detail the amount of funds made
available by the logging company (between $2–5 per cubic meter of wood logged in the concession,
depending on the species), the roads to be renovated (with their exact location and nature of the work done),
the schools and health centers to be built or renovated, the transportation services provided, and any other
service agreed upon which is consistent with the Forest Code. The agreement must indicate what percentage
of the FDL will be allocated to initial investment vs. maintenance throughout the five years of the agreement.
The CLG agrees where funds shall be kept, such as by the logging company or by a third party (e.g., church).
Finally, the Arrêté 023 also requires the creation of a local oversight committee (CLS) to monitor the
implementation of the social agreement. The CLS is presided over by the head of the territorial
administration and comprised of one representative of the logging company and three representatives of local
communities or indigenous peoples. In addition, one NGO can become a full member of the CLS upon
agreement by all other members.
76 2002 Forest Code, Article 1, al. 17. The notion of riparian community is specific to the Forest Code: decentralization laws adopted subsequently
do not identify communities as an administrative unit (the smallest unit being the village, which does not have judicial personality). The loose
definition of the Forest Code therefore provides significant flexibility for communities to self-identify and define their boundaries, without going
through any administrative process to be recognized as a community.
77 This Arrêté, as well as approximately 30 other implementing regulations to the Forest Code, was drafted in workshops gathering international and
national NGOs and the MECNT. National NGOs were able to propose whole sections of the regulations, and obtained that the MECNT follows
their preference against the recommendation of the head legal advisor to the Minister on important aspects (e.g., registration rules for community
concessions).
PRRGP INSTITUTIONAL MECHANISMS FOR REDD: CASE STUDIES – WORKING PAPER 35