Kristen HiteFebruary 7, 2011

( ) A ti l t i t t ith th bj ti f ti l f t (a) Actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements;

(b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty;

Utilize national laws and systems that support REDD, have good governance structures, and are

i t t ith i t ti l bli tiaccount national legislation and sovereignty; (c) Respect for the knowledge and rights of indigenous peoples and members of

local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the United Nations General

consistent with international obligations.

Respect the rights of indigenous peoples and local iti d i l th i d i i kiAssembly has adopted the United Nations Declaration on the Rights of Indigenous Peoples;

(d) The full and effective participation of relevant stakeholders, in particular, indigenous peoples and local communities, in actions referred to in paragraphs 70 and 72 of this decision;

communities and involve them in decision-making.

Comply with international obligations.and 72 of this decision;

(e) Actions are consistent with the conservation of natural forests and biological diversity, ensuring that actions referred to in paragraph 70 of this decision are not used for the conversion of natural forests, but are instead used to incentivize the Don’t destroy biodiversity or ecosystems.

,protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits;

(f) Actions to address the risks of reversals; Make sure trees are not cut down elsewhere. (g) Actions to reduce displacement of emissions. Source: COP 16 LCA Decision, ANNEX I, Paragraph 2

Safeguards protect against harm

Photo source: http://img.thesun.co.uk/multimedia/archive/00840/Roller-skating_682_840692a.jpg

Institutional Institutional policy/procedure to protect against social and

i t l henvironmental harm Identifies, evaluates,

minimizes and mitigatesminimizes, and mitigates adverse impacts

Focus on sustainable development—part of development dialogue

Safeguards help minimize risk and improve outcomes.

International recognition of the need to respect standards.

Demand for compliance is universal. Standards and rights help resolve conflicts.g p

ANTICIPATE AVOID MITIGATE ANTICIPATE –- AVOID –– MITIGATE Impacts need to include environmental, social,

and human rights analysesand human rights analyses. Much of remaining forests is found in

indigenous lands: respecting traditional g p gmanagement gets a better outcome.

Protecting biodiversity and ecosystems means l d f t ti d b tt tless deforestation and better outcomes.

REDD requires special consideration of land and resource tenure and customary rightsand resource tenure and customary rights

UN-REDD: UN system requirements and UN-REDD guidanceFIP W ld B k P li i d P d FIP: World Bank Policies and Procedures + other MDB policies and procedures

FCPF: World Bank Policies and Procedures + FCPF: World Bank Policies and Procedures + international obligations

Bilateral funds: international instruments, donor ,and recipient national laws and policies

National funds: international and national laws d li iand policies

UN-REDD adopts a rights-based approach to its UN REDD adopts a rights based approach to its activities. Applies UNDRIP Applies FPIC Applies UNDG Guidelines on Indigenous Peoples

International obligations apply at different levels: International obligations apply at different levels: International: human rights and other obligations National: human rights, UN-REDD guidanceg , g Sub-national: States and private actors still have

international obligationsL k i ti li i d d Lacks proscriptive policies and procedures.

C i Bi l i l Di i Convention on Biological Diversity United Nations Declaration on the Rights of Indigenous

Peoples Universal Declaration on Human Rights International Covenant on Economic, Social and

Cultural Rights g International Covenant on Civil and Political Rights International Convention on the Elimination of All

Forms of Racial Discrimination ILO Convention 169 Convention on the Protection and Promotion of the

Diversity of Cultural ExpressionsDiversity of Cultural Expressions

Each MDB uses funds in accordance with its own policies, guidelines, and gprocedures.

Common “overlay” environmental and social criteria apply to all MDBs.

WB is trustee and follows its own O i l P li i d P dOperational Policies and Procedures.

Missing: a rights-based approach, no i t f FPIC UNDRIPrequirement for FPIC or UNDRIP.

Requires compliance with the World Bank’s Operational Policies and Procedures

Recognizes need for effective participation of Forest-Dependent Indigenous Peoples and p g pForest Dwellers

Respects rights of indigenous peoples and forest-dependent communities under nationalforest dependent communities under national laws and international obligations.

World Bank Staff have consistently affirmed that all safeguards apply to FCPF activities including atsafeguards apply to FCPF activities, including at last year’s dialogue.

Missing: no FPIC requirement, WB policies inconsistent with UNDRIPinconsistent with UNDRIP.

4.01 Environmental Assessment4 04 N l H bi 4.04 Natural Habitats

4.12 Involuntary Resettlement 4.15 Poverty Reduction 4 20 Indigenous People 4.20 Indigenous People 4.36 Forests 7.60 Projects in Disputed Areas 11 03 Cultural Property 11.03 Cultural Property 13.05 Project Supervision

Find the policies here: http://go.worldbank.org/3GLI3EECP0

NOTE: Application of these procedures to specific WB activities may depend upon the type of support involved. For example, if this is investment lending, they do apply, as per OP 4.10.

NOTE 2: World Bank operational policies and procedures do not address land tenure in a comprehensive manner.

Opportunity: common approach for REDD safeguards

Challenge: reconciling g gapproaches of Bretton Woods institutions (proscriptive do-no-harm (p peconomic development) and UN institutions (rights-based principles for sustainable development)

Pressure to both move quickly and get it right.q y g g

No standardized “safeguard” frameworkg Institutional policies can be difficult to

harmonize UN: rights-based approach MDBs: varying policies and procedures

Incorporating UNFCCC UNDRIP and CBD Incorporating UNFCCC, UNDRIP, and CBD Consistency at national level while increasing

country ownership.country ownership. Means of recourse/accountability vary UNFCCC: guidance to be developedg p

Sequencing: agree on rules FIRST (including safeguards) to ensure effective outcome.

UNFCCC SBSTA safeguards guidance: UNFCCC SBSTA safeguards guidance: national level systems

World Bank is revising its safeguards CBD safeguards under development Land and resource tenure: who has the right to

a tree? To the carbon?a tree? To the carbon? Managing conflict: accountability and Redress

Rights-based approach with proscriptive policies and proceduresproscriptive policies and procedures

Fully considers both social and environmental impacts

Coherent with international obligations, including UNDRIP

Protect biodiversity and ecosystems Protect biodiversity and ecosystems Participatory decision-making

processes, including FPIC Robust information disclosure +

transparency Accessible recourse mechanism Accessible recourse mechanism

Questions? Email khite@ciel.org