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fpep forestry briefing 15 forest policy and december 2007 environment programme risk and responsibility in reduced emissions from deforestation and degradation leo peskett and zoe harkin nvestment in reduced emissions ...

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          fpep                                    Forestry Briefing 15   
           Forest Policy and                      December 2007
              Environment 
              Programme
                                                  Risk and responsibility in 
                                                  Reduced Emissions from 
                                                  Deforestation and Degradation
                                                  Leo Peskett and Zoe Harkin
                                                       nvestment in reduced emissions from 
                                                       deforestation and degradation (REDD) in 
                                                       developing countries relies on the ability 
                                                  Ito guarantee effective maintenance of 
                                                  forest cover over long timeframes, while also 
                                                  avoiding negative social and environmental 
                                                  repercussions. Given the complex and often 
                                                  unpredictable drivers of deforestation in 
                                                  developing countries, risk reduction is therefore 
                                                  of paramount importance. This paper looks at 
                                                  how REDD transaction mechanisms between 
                                                  buyers and sellers might be established and the 
                                                  implications that risk reduction mechanisms 
                                                  might have for different stakeholders in 
                                                  developing countries. It focuses on the likely 
                                                  implications for the interests and welfare of the 
                                                  forest-dependent poor.                                  Can risks for investors in REDD be reduced in a 
                                                                                                          way that is in the interests of the poor?
                                                                                                          ©	OvERSEaS	DEvELOpmEnT	inSTiTuTE
                                                    Policy conclusions:
                                                     •	 	Ensuring		benefit	flows	to	all	relevant	stakeholders,	including	the	poor,	will	be	essential	for	the	effective	
                                                        and long-term success of REDD strategies
                                                     •	 	The	form	of	REDD	transactions	from	international	to	national	levels,	and	benefit	distribution	within	countries,	
          Forest Policy and Environment                 are	yet	to	be	decided.	Less	centralised	systems	may	be	preferable	for	efficiency,	reducing	administration	
          Programme                                     costs and avoiding state capture, but they will still present risks for the poor
          FPEP conducts independent policy-          •	 	The	exact	implications	of	REDD	strategies	for	the	poor	depend	on	the	type	of	strategy,	the	nature	of	the	
          oriented research on tropical forestry        actors	who	are	delivering	the	benefits	and	agreements	over	how	these	benefits	are	delivered
          issues, seeking to inform policy           •	 	Contractual	agreements	for	REDD	need	to	be	negotiated	in	an	open	and	transparent	way.	The	ability	of	
                                                        different stakeholders to meet the terms of contracts, and especially redress mechanisms if emissions 
          change in ways which improve the              reductions are not delivered, will need particular attention
          livelihoods of the forest-dependent        •	 	Strengthening	legal	institutions	at	national	and	sub-national	levels	in	a	pro-poor	way	will	be	essential	
          poor, whilst also securing the long-          to	ensure	REDD	benefits	reach	legitimate	recipients	and	are	subject	to	appropriate	conflict	resolution	
          term future of forest resources.              mechanisms
                                                     •	 	Without	clear	land	and	carbon	rights,	REDD	will	be	high	risk	for	the	poor;	at	the	very	least,	there	need	to	
                                                        be	binding	arrangements	for	assessing	and	negotiating	benefit	distribution
                                                     •	 	Benefit	flows	dispensed	over	time	are	likely	to	be	much	more	beneficial	for	the	poor	and	for	future	
                                                        generations,	than	one-off	payments.	They	must	also	be	maintained	over	the	duration	of	REDD	projects.	
                                                     •	 	Support	for	upfront	costs	is	likely	to	be	required	in	order	for	national/local	governments,	companies,	
                                                        communities	and	individuals	to	access	REDD	benefit	flows
                                                     •	 	The	use	of	carbon	standards	could	reduce	risks	for	buyers	and	sellers	of	REDD,	bearing	in	mind	that	there	
                                                        can be trade-offs between high standards and ability of certain groups to meet these standards
        fpep Briefing Paper
                                         Introduction                                                  sellers	at	national	government	or	project	levels.	To	
                                                                                                       be effective over long timescales (which is necessary 
                                         Forestry	 carbon	 projects	 in	 developing	 countries	        to achieve permanence), the payments must: 
                                         are  inherently  risky  investments.  This  is  because       •	 incentives	positive	changes	in	behaviour;
                                         forest carbon storage can easily be reversed through          •  discourage      deforestation     and    degradation 
                                         natural or human causes, affecting the permanence                through  improved  regulation,  monitoring  and 
                                         of  carbon  emissions  reductions.  They  can  also              enforcement;	
                                         be	 difficult	 compared	 to	 other	 forms	 of	 carbon	        •  compensate  opportunity  costs  resulting  from 
                                         offset	 projects	 because	 of	 their	 wide	 geographic	          REDD	(i.e.	the	benefits	now	and	those	that	would	
                                         scope,	difficulties	in	monitoring	and	enforcement,	              have occurred in the future, which will be lost 
                                         and  factors  such  as  the  complex  nature  of  land           when REDD is implemented) 
                                         ownership	and	poor	quality	of	governance	in	many	             •  be effective in targeting all stakeholders involved 
                                         developing  countries.  However,  they  also  provide            in  deforestation  and  degradation  surrounding 
                                         significant	 potential	 for	 securing	 additional	 	 and	        the	REDD	strategy,	rather	than	just	a	sub-set	of	
                                         multiple	benefits.	                                              them;	
                                             Growing     international    interest    in   paying      •  encourage  REDD  approaches  that  take  into 
                                         developing  countries  for  ‘Reducing  Emissions                 account traditional forestry systems and uses of 
                                         from  Deforestation  and  Degradation’  (REDD)                   wood	and	forest	products;
                                         relies on effective risk reduction mechanisms and             •	 ensure	benefits	are	maintained	over	long	time	
                                         safeguards in the REDD ‘supply chain’ at national                frames;	and	
                                         and sub-national levels. The exact architecture of            •  alter  development  paths  in  the  long  term  to 
                                         national REDD systems will depend to some extent                 encourage  permanent  shifts  towards  more 
                                         on international decisions (e.g. whether the REDD                sustainable uses of forests. 
                                         mechanism  is  market  or  fund-based)  as  well  as          Transactions  between  developing  countries  and 
                                         the	ways	in	which	REDD	projects	are	implemented.	             international  buyers  could  occur  either  with  the 
                                         pilot	 projects	 funded	 by	 international	 donors	 and	      national  government  or  directly  with  sub-national 
                                         projects	in	the	voluntary	carbon	markets	are	already	         entities (see Figure One) – i.e. the primary ‘seller’ of 
                                         considering different options for establishing REDD           carbon could either be the national government or a 
                                         projects,	 transaction	 systems	 and	 risk	 reduction	        sub-national	entity.	Which	one	is	more	appropriate	
                                         methods and tools.                                            will depend on decisions taken by the international 
                                             unless	these	systems	are	well	designed,	the	quest	        community over the architecture of a future REDD 
                                         for risk reduction in REDD by investors could result          regime  and  decisions  taken  at  the  national  level 
                                         in lost market opportunities due to high transaction          on  mechanisms  and  management  surrounding 
                                         costs or negative impacts for those delivering REDD -         REDD. If the national government is the seller then 
                                         national governments and sub-national entities such           it is likely that some proportion of payments will be 
                                         as local governments, companies, communities and              retained by the government to fund administration 
                                         individuals  in  developing  countries. The  potential        of  the  national  system  (including  establishing  a 
                                         implications for small producers and the poor are of          forest  carbon  and  monitoring  system,  changing 
                                         particular concern, given their likely lack of bargaining     regulations  and  compensating  forgone  revenues 
                                         power in the establishment of REDD, when there are            from  alternative  land  uses).    If  a  sub-national 
                                         powerful global and national forces at play.                  entity  is  the  primary  seller,  then  some  revenues 
                                             This  paper  looks  at  how  REDD  transaction            may need to be redistributed upwards to national 
                                         mechanisms between buyers and sellers might be                governments, for example through taxes, in order to 
                                         established and the implications that risk reduction          cover opportunity costs accrued at the national level 
                                         mechanisms might have for different stakeholders              (for  example, timber revenues forgone) and REDD 
                                         in developing countries.                                      administration fees.
                                                                                                          REDD payments could be used to implement a 
                                                                                                       range of policies and other measures, depending 
                                         Benefit distribution systems in REDD                          on  the  drivers  of  deforestation,  the  stakeholders 
                                                                                                       involved and whether the avoided deforestation is 
                                         REDD  ‘supply  chains’  have  to  transfer  payments          planned	or	unplanned.	They	can	be	grouped	into	five	
                                         from international buyers down to national and sub-           main categories:
                                         national entities (e.g. local governments, companies,         i.	 Strengthening	 existing	 policies	 and	 measures	
                                         communities  or  individuals)  in  order  to  support            (e.g.	law	enforcement);
                                         policies  and  measures  that  will  result  in  reduced      ii.  Direct policy changes (e.g. reclassifying land use 
                                         emissions. The resulting emissions reductions can                zones	or	revoking	concession	licences);
                                         then be transferred up to international buyers, to            iii.Indirect policy changes (e.g. changes in agricultural 
                                         be used in order to meet legally binding or voluntary            programmes	of	infrastructure	projects	that	reduce	
                                         emissions	reductions	targets.	These	flows	of	carbon	             pressure	on	forests);
                                         and transactions are usually tracked and recorded             iv. Economic  incentives  (either  positive  incentives 
                                         in  ‘registries’  held  by  international  buyers  and  by       such as payments for environmental services or 
        2
                                                                                                                         Briefing Paper fpep
             disincentives	such	as	taxes	on	certain	activities);	    example,  payments  made  to  a  company  holding 
             and                                                     an  issued  forest  conversion  license  to  cease  or 
          v.  Direct  infrastructure  changes  (e.g.  damming  of    reduce	 deforestation	 are	 likely	 to	 entail	 benefit-
             canals on peat land).                                   sharing mechanisms between companies and local 
          The  allocation  of  payments  will  primarily  depend     communities  to cover lost employment opportunities 
          on performance in reducing emissions relative to a         or	denied	access	rights.	Such	a	mechanism	may	be	
          ‘business as usual’ emissions reference scenario or a      managed by the company itself and this could raise 
          negotiated emissions reduction target. The reference       issues for the poor such as the perpetuation of low 
          scenario could be assessed at the national or sub-         wage	 labour	 and	 inequitable	 land	 distribution	 in	
          national level.  For example, if a local government        deals which are potentially dominated by company 
          enters into a contract with a carbon buyer or has          interests	(mayers	2001).	Rather	different		issues	may	
          an agreement to deliver emissions reductions with          arise  over  payments in areas where deforestation 
          the	 national	 government,	 the	 benefits	 the	 local	     occurs on land where licences have not been issued 
          government  receives  are  likely  to  be  based  on  a    (i.e.	is	unplanned).	in	this	case	benefit	distribution	
          reference  scenario  that  applies  to  the  area  under   is more likely to occur via local governments using 
          their	 jurisdiction.	 Other	 performance	 indicators	      incentives	such	as	agricultural	intensification	in	non-
          (relating,	for	example,	to	quality	of	local	governance,	   forest areas. Problems this might raise for the poor 
          social  and  environmental  impact  assessment,  or        include,	for	example,	increased	conflict	over	land	in	
          etc.)  should also be taken into account, as REDD          areas zoned for agriculture, increased competition 
          activities  must be coupled with a stream of long-         in  local  agricultural  markets  and  heavier  policing 
          term	positive	co-benefits	to	ensure	permanence	of	         of  forest  across  the  area  under  local  government 
          avoided emissions.                                         jurisdiction.
             The  implications  for  the  poor  will  vary              Illegal activities raise a particular ethical dilemma 
          significantly	between	these	different	strategies,	not	     in	 relation	 to	 the	 allocation	 of	 REDD	 benefits,	 as	
          just	 because	of	the	changes	in	land	use	but	also	         stakeholders	acting	illegally	could	end	up	benefiting	
          because of differences in transaction systems. For         from  the  system.  In  some  cases  this  may  be 
          Figure  1:  Possible  transaction  mechanisms  in  the  REDD  supply  chain  with  payments  flowing 
          downwards  from  buyers  in  the  regulated  or  voluntary  carbon  markets,  and  carbon  flowing  upwards. 
                                                       •	 Regulated	Carbon	markets:	annex	1	(developed	country)	
                                         Buyers           goverments;	companies	OR
                                                       •	 voluntary	   Carbon	    markets:	   Companies;	     nGOs;	
                                                          individuals
                                                                                national	government
                                         Sellers
                                                                                 Local governments
              Carbon
              Payments via                                                project,	e.g.	     project,e.g.	
              government (1)                                              company            community
                                                                                  Policy, e.g. law 
              Direct Payments (2)                                                  enforcement
          (1)		with	transactions	occurring	with	national	governments	which	then	redistribute	sub-nationally	and	
          (2)			with	transactions	occurring	directly	with	sub-national	entities	(either	local	governments	or	directly	with	projects).	payments	
             could	be	used	to	implement	policies	or	infrastructure	projects	at	a	local	level;	as	incentives	(e.g.	to	companies	with	
             concession	licences	to	engage	in	more	sustainable	forest	management);	and	as	compensation	(e.g.	if	forest	is	re-classified	
             after concession licences have been issued). In practice all of these options could be implemented in parallel within a given 
             area.	Carbon	accounting	could	occur	at	the	project,	local	and	national	level	depending	on	the	design	of	the	system.
                                                                                                                                                          3
        fpep Briefing Paper
                                            acceptable (for example, in the case of poor people                 ownership	and	conflict	etc.
                                            who were forced into these activities because of lack           ii.  The  risk  REDD  results  in  the  transfer  of 
                                            of access rights), but in many cases it may not be.                 deforestation and degradation activities to other 
                                            The implication is that REDD payments should be                     areas	(leakage);	and	
                                            used to strengthen legal institutions and processes             iii. The  risk  of  negative  social  and  environmental 
                                            at  sub-national  levels,  taking  into  account  the               impacts	associated	with	projects.
                                            legitimate interests of the poor.                               These risks will be of concern to investors and to any 
                                               The description of the REDD supply chain given               entity that transfers responsibility to deliver emissions 
                                            above  indicates  that  responsibility  for  delivering         reductions	to	other	parties.	This	is	because	benefits	
                                            REDD is likely to lie primarily with the entity that has        from  achieving  emissions  reductions,  along  with 
                                            a  contract  with  the  buyer.  However  responsibility         maintaining low reputation risk will depend on good 
                                            can be transferred further down the supply chain                performance in all three areas. This is particularly true 
                                            through  further  agreements,  legislation  and                 for market-based REDD mechanisms which are likely 
                                            contracts. Indeed, this is very likely to occur. The            to	 have	 more	stringent	performance	requirements	
                                            responsibility of national governments is also likely           than fund-based mechanisms, primarily to ensure 
                                            to	vary	depending	on	the	form	REDD	takes.	national	             comparability  in  the  carbon  ‘commodity’  being 
                                            governments could be:                                           traded. 
                                            •  sellers of REDD credits, which would be generated                Possible risk reduction options or safeguards can 
                                               based  on  performance  against  a  national                 be put in place, but they will need to be carefully 
                                               reference	scenario;	                                         designed  in  order  not  to  disadvantage  small 
                                            •  buyers of emissions reductions from sub-national             producers or the poor. It should also be recognised 
                                               entities;                                                    that	 it	 may	 be	 neither	 possible	 nor	 financially	
                                            •  an  intermediary  helping  to  negotiate  contracts          feasible to capture all leakage and risk within the 
                                               between international  buyers  and  sub-national             REDD	system.	it	may	be	preferable	to	define	a	certain	
                                               sellers;	and/or	                                             level	of	‘acceptable	risk’;	otherwise	administration	
                                            •  the regulator of the REDD system (e.g. establishing          costs may become prohibitive. This strategy apart, 
                                               relevant laws and safeguards).                               the  risk  mitigation  options  and  their  implications 
                                            many	 of	 the	 current	 REDD	 proposals	 at	 the	               for  stakeholders including the poor are discussed 
                                            international  level  favour  transactions  occurring           below.
                                            at the national level, in order to increase the scale 
                                            of  investment,  reduce  costs  (through  economies 
                                            of  scale)  and  reduce  the  risk  of  ‘leakage’  (i.e.        Devolving liabilities through contracts
                                            the  shifting  of  deforestation  and  degradation  to 
                                            other	areas	outside	the	project	area	as	the	result	             If  a  national  or  local  government,  company  or 
                                            of	 REDD	 activities).	 While	 it	 is	 likely	 that	 greater	   community    takes    on  responsibility  to  reduce 
                                            efficiencies	can	be	realised	through	national	level	            emissions through a contract with the buyer, it is 
                                            baselines,  monitoring  and  accounting,  this  does            possible  that  this  responsibility  will  be  devolved 
                                            not  necessarily  mean  that    the  transactions  need         through  further  contracts  to  other  groups  or 
                                            to	occur	at	this	level.	a	decentralised	system	could	           individuals. These are likely to specify factors such 
                                            well  offer  the  most  direct  linkage  between  REDD          as: 
                                            activities  and  payments,  by  reducing  the  number           •	 who	is	entitled	to	receive	payments;
                                            of  layers  of  administration.  Providing  that  sub-          •  activities to be implemented in order to receive 
                                            national  entities  can  effectively  administer  the               payments;
                                            transactions and devolve payments, a decentralised              •	 the	form	of	payments;
                                            system is most likely to affect behaviour changes               •	 delivery	 schedules	 for	 carbon	 and	 payments;	
                                            in	 positive	 directions.	 	 Both	 top-down,	 centrally	            and 
                                            planned systems and decentralised private sector                •  safeguards  in  the  event  that  the  anticipated 
                                            engagement in forestry entail risks for the poor, such              emissions  reductions  do  not  in  fact  occur. 
                                            as lack of local participation and ‘voice’ in spacial               Safeguards	could	include	replacement	of	emissions	
                                            planning	decisions	and	inequitable	benefit	sharing	                 reductions	 (e.g.	 by	 sourcing	 from	 other	 project	
                                            arrangements  between  logging  companies  and                      areas)	or	financial	penalties	to	cover	losses.	
                                            communities. These risks will vary with context and             asymmetric	information	between	buyers	and	sellers	
                                            will have to be managed on a case-by-case basis.                can  disadvantage  sellers  in  the  negotiation  of 
                                                                                                            contracts for payments for environmental services 
                                            Risk management in REDD                                         (Bracer	 et	 al.	 2007).	 	 This	 means	 that	 contract	
                                                                                                            negotiation  processes  and  support  mechanisms 
                                            Carbon	forestry	projects	involve	high	in-country	risks	         including provision of information for sellers (possibly 
                                            for investors in three main dimensions:                         provided  through  civil  society  organisations)  will 
                                            i.  The  risk  that  emissions  reductions  are  not            be essential for REDD. There is also a risk that the 
                                               permanent,  which  is  linked  to  problems  in              contract terms could be hard to satisfy, especially 
                                               project	design	and	operation,	political	risks,	land	         for	 smaller	 producers	 and	 poorer	 communities/
         4
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...Fpep forestry briefing forest policy and december environment programme risk responsibility in reduced emissions from deforestation degradation leo peskett zoe harkin nvestment redd developing countries relies on the ability ito guarantee effective maintenance of cover over long timeframes while also avoiding negative social environmental repercussions given complex often unpredictable drivers reduction is therefore paramount importance this paper looks at how transaction mechanisms between buyers sellers might be established implications that have for different stakeholders it focuses likely interests welfare dependent poor can risks investors a way overseas development institute conclusions ensuring benefit flows to all relevant including will essential term success strategies form transactions international national levels distribution within are yet decided less centralised systems may preferable efficiency reducing administration costs state capture but they still present conducts...

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