Kristen Hite February 7, 2011 - Rights and Resources Initiative

Kristen HiteFebruary 7, 2011

• (a) )Actions complement or are consistent t with the objectives of national forestprogrammes Utilize national and relevant laws international and conventions systems and that agreements; supportREDD, have good governance structures, and areconsistent t with international ti obligations.• (b) Transparent and effective national forest governance structures, taking intoaccount national legislation and sovereignty;• (c) Respect for the knowledge and rights of indigenous peoples and members oflocal communities, by taking into account relevant international obligations,nationalRespectcircumstancesthe rightsand laws,ofandindigenousnoting that thepeoplesUnited NationsandGenerallocalAssembly has adopted the United Nations Declaration on the Rights of Indigenous Peoples;communities and involve them in decision-making.i • (d) The full and effective participation of relevant stakeholders, in particular,indigenous Comply peoples with and international local communities, obligations.in actions referred to in paragraphs 70and 72 of this decision;• (e) Actions are consistent with the conservation of natural forests and biologicaldiversity, ensuring that actions referred to in paragraph 70 of this decision are notDon’t destroy biodiversity or ecosystems.used for the conversion of natural forests, but are instead used to incentivize theprotection and conservation of natural forests and their ecosystem services, and toenhance other social and environmental benefits;Make sure trees are not cut down elsewhere.• (f) Actions to address the risks of reversals;• (g) Actions to reduce displacement of emissions.Source: COP 16 LCA Decision, ANNEX I, Paragraph 2

• Institutionalpolicy/procedure to protectagainst social andenvironmental harm• Identifies, evaluates,minimizes, and mitigatesadverse impacts• Focus on sustainabledevelopment—part ofdevelopment dialogue

• Safeguards help minimize risk and improveoutcomes.• International recognition of the need to respectstandards.• Demand for compliance is universal.• Standards and rights help resolve conflicts.

• ANTICIPATE –- AVOID –– MITIGATE• Impacts need to include environmental, social,and human rights analyses.• Much of remaining forests is found inindigenous lands: respecting traditionalmanagement gets a better outcome.• Protecting biodiversity and ecosystems meansless deforestation ti and better outcomes.• REDD requires special consideration of landand resource tenure and customary rights

• UN-REDD: UN system requirements and UN-REDD guidance• FIP: World Bank Policies i and Procedures +other MDB policies and procedures• FCPF: World Bank Policies and Procedures +international obligations• Bilateral funds: international instruments, donorand recipient national laws and policies• National funds: international and national lawsand policiesi

• UN-REDD adopts a rights-based approach to itsactivities.• Applies UNDRIP• Applies FPIC• Applies UNDG Guidelines on Indigenous Peoples• International obligations apply at different levels:• International: human rights and other obligations• National: human rights, UN-REDD guidance• Sub-national: States and private actors still haveinternational obligations• Lacks proscriptive policies i and procedures.

• Convention on Biological i l Diversityi• United Nations Declaration on the Rights of IndigenousPeoples• Universal Declaration on Human Rights• International Covenant on Economic, Social andCultural Rights• International Covenant on Civil and Political Rights• International Convention on the Elimination of AllForms of Racial Discrimination• ILO Convention 169• Convention on the Protection and Promotion of theDiversity of Cultural Expressions

• Each MDB uses funds in accordance withits own policies, guidelines, andprocedures.• Common “overlay” environmental andsocial criteria apply to all MDBs.• WB is trustee and follows its ownOperational Policies i and Procedures.• Missing: a rights-based approach, norequirement for FPIC or UNDRIP.

• Requires compliance with the World Bank’sOperational Policies and Procedures• Recognizes need for effective participation ofForest-Dependent Indigenous Peoples andForest Dwellers• Respects rights of indigenous peoples andforest-dependent communities under nationallaws and international obligations.• World Bank Staff have consistently affirmed that allsafeguards apply to FCPF activities, including atlast year’s dialogue.• Missing: no FPIC requirement, WB policiesinconsistent with UNDRIP.

• 4.01 Environmental Assessment• 4.04 404Natural lHabitats• 4.12 Involuntary Resettlement• 4.15 Poverty Reduction• 4.20 Indigenous People• 4.36 Forests• 7.60 Projects in Disputed Areas• 11.03 Cultural Property• 13.05 Project SupervisionFind the policies here: http://go.worldbank.org/3GLI3EECP0NOTE: Application of these procedures to specific WB activities may dependupon 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 landtenure in a comprehensive manner.

• No standardized “safeguard” framework• Institutional policies can be difficult toharmonize• UN: rights-based approach• MDBs: varying policies and procedures• Incorporating UNFCCC, UNDRIP, and CBD• Consistency at national level while increasingcountry ownership.• Means of recourse/accountability vary• UNFCCC: guidance to be developed

• Sequencing: agree on rules FIRST (includingsafeguards) to ensure effective outcome.• 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 toa tree? To the carbon?• Managing conflict: accountability and Redress

• Rights-based approach withproscriptive policies and procedures• Fully considers both social andenvironmental impacts• Coherent with internationalobligations, including UNDRIP• Protect biodiversity and ecosystems• Participatory decision-makingprocesses, including FPIC• Robust information disclosure +transparency• Accessible recourse mechanism

Questions? Email khite@ciel.org