Transcript 5. REDD

Forests in the UN Climate Regime
Dr. Christina Voigt
International Climate Change and
Energy Law
Forests – People – Climate – Environment-Economy
1. Forests in the UNFCCC
• Not explicitly mentioned
• But: inclusion of emission by sources and removals by sinks (both include
forests)
• Examples: ARTICLE 4 (COMMITMENTS)
• 1. All Parties, taking into account their common but differentiated
responsibilities and their specific national and regional development
priorities, objectives and circumstances, shall:
• (a) Develop, periodically update, publish and make available to the
Conference of the Parties, in accordance with Article 12, national
inventories of anthropogenic emissions by sources and removals by sinks
of all greenhouse gases not controlled by the Montreal Protocol, using
comparable methodologies to be agreed upon by the Conference of the
Parties;
(b) Formulate, implement, publish and regularly update national and, where
appropriate, regional programmes containing measures to mitigate climate
change by addressing anthropogenic emissions by sources and removals by
sinks of all greenhouse gases not controlled by the Montreal Protocol, and
measures to facilitate adequate adaptation to climate change;
(c) Promote and cooperate in the development, application and diffusion,
including transfer, of technologies, practices and processes that control, reduce
or prevent anthropogenic emissions of greenhouse gases not controlled by the
Montreal Protocol in all relevant sectors, including the energy, transport,
industry, agriculture, forestry and waste management sectors;
(d) Promote sustainable management, and promote and cooperate in the
conservation and enhancement, as appropriate, of sinks and reservoirs of all
greenhouse gases not controlled by the Montreal Protocol, including biomass,
forests and oceans as well as other terrestrial, coastal and marine ecosystems;
2. Forests under the Kyoto Protocol:
Developed Countries
Annex I Parties: Article 3
3. The net changes in greenhouse gas emissions by sources and
removals by sinks resulting from direct human-induced landuse change and forestry activities, limited to afforestation,
reforestation and deforestation since 1990, measured as
verifiable changes in carbon stocks in each commitment
period, shall be used to meet the commitments under this
Article of each Party included in Annex I. The greenhouse gas
emissions by sources and removals by sinks associated with
those activities shall be reported in a transparent and
verifiable manner and reviewed in accordance with Articles 7
and 8.
• 4. Prior to the first session of the Conference of the Parties serving
as the meeting of the Parties to this Protocol, each Party included in
Annex I shall provide, for consideration by the Subsidiary Body for
Scientific and Technological Advice, data to establish its level of
carbon stocks in 1990 and to enable an estimate to be made of its
changes in carbon stocks in subsequent years. The Conference of
the Parties serving as the meeting of the Parties to this Protocol
shall, at its first session or as soon as practicable thereafter, decide
upon modalities, rules and guidelines as to how, and which,
additional human-induced activities related to changes in
greenhouse gas emissions by sources and removals by sinks in the
agricultural soils and the land-use change and forestry categories
shall be added to, or subtracted from, the assigned amounts for
Parties included in Annex I, taking into account uncertainties,
transparency in reporting, verifiability, the methodological work of
the Intergovernmental Panel on Climate Change, the advice
provided by the Subsidiary Body for Scientific and Technological
Advice in accordance with Article 5 and the decisions of the
Conference of the Parties. Such a decision shall apply in the second
and subsequent commitment periods. A Party may choose to apply
such a decision on these additional human-induced activities for its
first commitment period, provided that these activities have taken
place since 1990.
2. Forests under the Kyoto Protocol
Developing Countries
• Non-Annex I Parties: ?
• CDM (Art. 12) limited to reforestation (non-forested
land on 31. December 1989) and afforestation (nonforested land for 50 years) projects
3. Kyoto Forests in Developing
Countries
• P: very few projects, accounting difficulties,
permanence…
• Detailed and strict rules for non-permanence (tCERs)
and baselines
• Simpler rules for small-scale forestry projects
• Demand-side limits: only 1% of Annex I Parties’
commitments can be achieved by using forestry-based
CERs (EU excluded forest-based CERs)
• CDM: 2% of proceeds to Adaptation Fund
• Exclusion of forest conservation and avoided
deforestation
4. Montreal 2005
–
2005: Papua New Guinea and Costa Rica proposal to
include reduced and avoided deforestation in the CDM
–
Montreal (COP11 in 2005) provided a mandate (to the
SBSTA) to establish a 2-year process with the aim of
making a decision in Bali on the issue of developing
countries’ forests
–
Montreal mandate was limited to reduced emissions
from deforestatioin (RED)
–
Two suggestions:
•
Extended use of CDM
•
Financial mechanism decoupled from commitments of
developing countries
5. Bali 2007
–
2007: Bali (COP13) Bali Action Plan and REDD-decision (2/CP.13)
–
Bali Action Plan: The COP…
1. Decides to launch a comprehensive process to enable the full, effective and
sustained implementation of the Convention through long-term
cooperative action, now, up to and beyond 2012, in order to reach an
agreed outcome and adopt a decision at its fifteenth session, by
addressing, inter alia:
(b) Enhanced national/international action on mitigation of climate change,
including, inter alia, consideration of:
(iii) Policy approaches and positive incentives on issues relating to 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 in developing
countries; (REDD+)
R - reduced
E - emissions
from
D - deforestation
and forest
D - degradation
+
Carbon stock conservation,
enhancement, reforestation
and afforestation.
6. Also at Bali
Announcement of the Establishment of the Norwegian Government’s
International Climate and Forest Initiative (USD 500 m each year)
Objectives:
•
To work towards the inclusion of emissions from deforestation and
forest degradation in a new international climate regime;
To take early action to achieve cost-effective and verifiable
reductions in greenhouse gas emissions;
To promote the conservation of natural forests to maintain their
carbon storage capacity.
***
•
•
•
Very good timing
•
Good coupling to Bali Action Plan
•
Well perceived of other Parties
•
Biggest contribution,
Side 12 so far
7. From Bali to Copenhagen (20082009)
• SBSTA got mandate to develop the methodological basis
• Methodological discussion in SBSTA focused on:
– MRV
– Reference levels
– Safeguards
– National - subnational
• No discussion in LCA for the first 1,5 years (until May 2009)
• LCA discussion initiated by a (legal) proposal submitted by
Norway on a ”Global REDD+ Mechanism”
– Meetings in Bangkok, Barcelona and …. Copenhagen
8. From Bali to Copenhagen
(ctd.)
Norway more and more active:
– Norwegian pilot projects impacted on the negotiations
– Meridian report on Option for REDD, March 2009
– Norway’s Legal Submission on REDD+, May 2009
Kyotoskogen
8. Copenhagen (ctd.)
•
Methodological decision on REDD (4/CP.15)
 Results-based
 Identification of drivers of deforestation and forest degradation
resulting in emissions and also the means to address these (para
1a);
 Identification of activities within the country that result in reduced
emissions and increased removals, and stabilization of forest
carbon stocks (para 1b)
 Measurement and reporting on changes in forest carbon stocks Establishment of robust and transparent national forest
monitoring systems (para 1d)
 Development of guidance for effective engagement of indigenous
peoples and local communities in monitoring and reportin;
(Combination: remote sensing and ground based carbon inventory
 Reference level based on historical emissions, taking into account
national circumstances
 Focus on national approaches (to avoid carbon leakage) with
opening for sub-national possibilities as intermediary solutions
 Consistency with other Conventions
Kyotoskogen
8. Copenhagen (ctd.)
Copenhagen Accord (2/CP.15):
6. We recognize the crucial role of reducing emission
from deforestation and forest degradation and the
need to enhance removals of greenhouse gas emission
by forests and agree on the need to provide positive
incentives to such actions through the immediate
establishment of a mechanism including REDD-plus, to
enable the mobilization of financial resources from
developed countries.
Got very close to REDD decision: negotiated, but not
adopted (political situation….)
Kyotoskogen
9. 2010 Cancun
REDD+ Decision (Text from Copenhagen) 1/CP.16
• Pluss Objective: ”in the context of adequate and
predictable support to developing countries, Parties
should collectively aim to slow, halt and reverse forest
cover and carbon loss…”
• Scope: all developing countries, all forest activities (para
70)
• Results-based
• Three phases (para 73): 1. Development of national
strategies or plans, 2. Implementation of national policies
and measures (incl. Results-based demonstration
activities) and 3. results-based action, fully MRV’d
• National systems, with sub-national as interim
• Safeguards for biodiversity, forest governance and
indigenous peoples (Annex I), not MRV, but ”system for
providing information on how the safeguards are being
addressed and respected”
• ”Explore financing options..”: No agreement on funding….
A phased approach to REDD action allows for flexibility
and immediate action until a long-term solution is in place
▪
National
commitment to
develop REDD+
strategy
▪
▪
▪
▪
REDD+ strategy
Multi-stakeholder consultation
Minimum monitoring capability
Safeguards
Design a REDD+ strategy
– Grant payments
▪
REDD+ strategy
implementation
a) Grants for enablers
b) Payments for
emission
reductions
measured by
proxies
Advanced monitoring
capability
Phase 3
Phase 2
Phase 1
▪
▪
▪
REDD+ strategy
implementation
– Payments for verified
emission reductions
and removals
10. Why Safeguards?
• REDD is about carbon
• Forests are more than just carbon
• Forests provide multiple ecological functions and
people’s livelihoods
• Capacity of forests and resilience to store carbon
depends on robustness of their ecological functions
• Avoided side-effects – co-benefits – multiple benefits
• Safeguards are necessary to maintain the
environmental and social integrity of the REDD+
mechanism
11. Which Safeguards?
• Ecological and social
• Designed to ensure that multiple benefits are
recognised and enhanced, while building
transparent and effective governance structures
• Require respect for the rights of indigenous and
local peoples thereby empowering those who are
effectively the custodians of the forest, and
avoiding social conflict
• Provide for civil society participation and ensure a
sense of ownership
12. Which Safeguards?
1. Ecological
Decision 1/CP.16 (Annex I) When undertaking REDD+ activities, the following
safeguards should be promoted and supported:
• (a) Actions complement or are consistent with the objectives of national forest
programmes and
;
account national legislation and sovereignty;
•
(e) Actions are
decision are
benefits;
, taking into
ensuring that actions referred to in paragraph 70 of the
, and to enhance other social and environmental
12. Which Safeguards?
2. Social
Decision 4/CP.15:
Recognizing the need for full and effective engagement of
indigenous peoples and local communities in, and the
potential contribution of their knowledge to,
monitoring and reporting of activities relating to
decision 1/CP.13, paragraph 1 (b) (iii),
Encourages, as appropriate, the development of guidance
for effective engagement of indigenous peoples and
local communities in monitoring and reporting;
12. Which Safeguards?
2. Social
When undertaking REDD+ activities, the following safeguards
should be promoted and supported: (1/CP.16, annex i)
, by taking into
account relevant international obligations, national
circumstances and laws, and noting that the UN General
Assembly has adopted the UN Declaration on the Rights of
Indigenous Peoples;
• (d) The
, in particular, indigenous peoples and local
communities, in actions referred to in paragraphs 70 and 72
of the decision;
12. Which Safeguards?
Decision 1/CP.16:
72. Also requests developing country Parties, when
developing and implementing their national strategies
or action plans, to address, inter alia,
• the drivers of deforestation and forest degradation,
• land tenure issues, forest governance issues, gender
considerations and
• the safeguards identified in paragraph 2 of appendix I
to this decision,
• ensuring the full and effective participation of relevant
stakeholders, inter alia indigenous peoples and local
communities;
13. What are the Safeguards?
– Conditionality?
– Eligibility criteria (from phase 1 to 2 to 3?)?
– No clear provisions to ensure that the safeguards are
adhered to in practice
– Safeguards “should be promoted and supported”
when undertaking all REDD+ activities(1/CP.16 para
69)
– Developing country Parties are requested, when
developing and implementing their national strategies
or action plans, “to address...the safeguards” (1/CP.16
para 72)
14. How to Safeguard the Safeguards?
• For REDD Carbon: MRV-system (Decision
1/CP.16 para 71 (b) and (c)) Measurement,
Reporting and Verfification
• For Safeguards? No MRV system (Norway tried
though…)
– What else?
– Transparency: Important to establish a system for
tracking to which extent the safeguards are in fact
implemented (information)
15. A system for information
71. Requests developing country Parties aiming to
undertake the activities referred to in paragraph 70
above, in the context of the provision of adequate and
predictable support… in accordance with national
circumstances and respective capabilities, to develop
the following elements:
(d) A
throughout the
implementation of the activities referred to in
paragraph 70 above, while respecting sovereignty;
16. Safguarding the Safeguards
• Decision 1/CP.16, para. 71(d), requests SBSTA
to develop guidance for a "system for
providing information on how the safeguards
(…) are being addressed and respected".
17. Durban on Information System
Decision 12/CP.17
3. Agrees also that developing country Parties undertaking the
activities referred to in decision 1/CP.16, paragraph 70, should
provide a summary of information on how all of the
safeguards referred to in decision 1/CP.16, appendix I, are
being addressed and respected throughout the
implementation of the activities;
4. Decides that the summary of information referred to in
paragraph 3 above should be provided periodically and be
included in national communications, consistent with
relevant decisions of the Conference of the Parties on
guidelines on national communications from Parties not
included in Annex I to the Convention, or communication
channels agreed by the Conference of the Parties;
17. Durban on Information System
Decision 12/CP.17
6. Also requests the Subsidiary Body for Scientific and
Technological Advice, at its thirty-sixth session, to consider
the need for further guidance to ensure transparency,
consistency, comprehensiveness and effectiveness when
informing on how all safeguards are addressed and respected
and, if appropriate, to consider additional guidance, and to
report to the Conference of the Parties at its eighteenth
session;
21. Durban - Financing
Decision 1/CP.17 - Financing
65. Agrees that results-based finance provided to
developing country Parties that is new,
additional and predictable may come from a
wide variety of sources, public and private,
bilateral and multilateral, including alternative
sources;
Durban:
• Decision 1/CP.17:
– Financing REDD (based on MRV) (para 64)
– New, additional and predictable
– Variety of sources (public, private, multilateral,
bilateral) (para 65)
– Market-based aproaches possible (para 67)
33
14. Durban
• 66. Considers that, in the light of the experience gained from current and
future demonstration activities, appropriate market-based approaches
could be developed by the Conference of the Parties to support resultsbased actions by developing country Parties referred to in paragraph 73 of
1/CP.16, ensuring that environmental integrity is preserved, and the
provisions of appendix I and II to Decision 1/CP.16 are fully respected
and should be consistent with relevant provisions of decision 1/CP.16,
decision XX/CP.17 (SBSTA) and any future decision by the COP on these
matters;
• 67. Notes that non market based approaches, such as joint mitigation and
adaptation approaches for the integral and sustainable management of
forests as a non-market alternative that supports and strengthens
governance, the application of safeguards as referred to in decision
1/CP.16, appendix I, paragraph 2(c.e), and the multiple functions of
forests, could be developed;
15. Qatar
• Non-carbon benefits
• Work-program on results-based finance in
order to:
– Contribute to the ongoing efforts on results-based
finance
– Scale up and improve effectiveness of finance
– Way and means to transfer payments for resultabased actions
– Ways to incentivize non-carbon benefits