Transcript IMPLEMENTING PRINCIPLE 10 OF THE RIO DECLARATION IN THE CONGO BASIN: A CONDITION SINE QUA NON FOR EFFECTIVE REDD A.B.

IMPLEMENTING PRINCIPLE 10 OF THE RIO
DECLARATION IN THE CONGO BASIN: A CONDITION
SINE QUA NON FOR EFFECTIVE REDD
A.B. Njamnshi1 and A.M. Mpoyi2
1Bioresources Development and Conservation ProgrammeCameroon, Yaounde, Cameroon
2Conseil pour la Défense Environnementale par la légalité et
la Traçabilité, Kinshasa, DRC
E-mail: [email protected]
Outline of presentation
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Introduction: The Rationale for Access

REDD and Stakeholder Participation

Access Issues at All Phases of REDD

Access Challenges in the Congo Basin
(examples of Cameroon and DRC)

Conclusions: How do we achieve REDD
effectiveness and avoid a REDD Disservice?
Introduction:
The Access Rationale
In 1992, 178 governments sign the Rio
Declaration. Rio’s Principle 10 mandates
appropriate access to information,
encouragement of public participation and
effective access to judicial proceedings.
REDD and Stakeholder Participation
Paragraph 1(b) (iii) of the Bali Action Plan (Policy
approaches and positive incentives)
“In accordance with relevant international agreements[,
such as the United Nations Declaration on the Rights of
Indigenous Peoples,] and taking into account national
circumstances and legislation, respect the knowledge and
rights of indigenous peoples [,including their free, prior
and informed consent,] and members of local
communities and promote the full and effective
participation of all relevant stakeholders in actions
Access Issues at All Phases of
REDD: Access to information
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Stakeholders to have proactive and timely information about
REDD strategies and institutions developments as well as
demonstration activities.
Stakeholders have a right to information about results of tested
strategies and REDD+ project portfolios.
Information about the MRV architecture is vital for the
communities, especially if they to be active players in the MRV
process.
Information about CERs and benefit sharing should be clearly
accessible to stakeholders and especially local communities.
This will avoid misgivings and potential conflicts that come with
non transparency and hijacking by a few elites.
Access Issues at All Phases of
REDD: Public participation
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Local communities have to participate effectively in the
development of REDD strategies and institutions. This will
render such institutions more transparent and the strategies
more effective.
Communities have a right to participate effectively in the testing
of the strategies and also be active players in the MRV process.
Governance is critical for any effective REDD+. Communities
have a right to participate in the sharing of benefits arising from
REDD plus. Without their participation at this level, REDD has a
potential bringing anarchy and exploitation of the local people
with consequent social fallout.
Access Issues at All Phases of
REDD: Access To Justice

Communities must be able to access justice when
their right to proactive and timely information about
REDD strategies and institutions developments, as
well as demonstration activities, have been denied.
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Communities should be able to seek redress if they
have been excluded from participating in the MRV
process.
.
Access Issues at All Phases of
REDD: Acess To justice (cont)
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Communities must be able to take action and seek
redress, when as a consequence of REDD+
activities, they or their environment have suffered
either harm, or lost rights of land, especially if this
has been done without their prior informed consent.
Non-compliance to agreed rules by REDD+ project
promoters should be addressed by the justice
regime and communities should have access to
such judicial proceedings.
Access to Information Challenges in the
Congo Basin: DRC
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Absence of legal texts related to access to
environmental information
The information held by public authorities and the
involved institutions, notably on the water
Access to Information Challenges in the
Congo Basin: Cameroon
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No monitoring system or penalties for non-compliance by the
agency to disclose information
High cost involved in accessing information in government
possession
Limited effort made to reach a wide range of stakeholders with
information
Very weak effort in outreach to the large majority of citizens and
disadvantaged groups
No guidelines on how to obtain information on the selected
information type
No activities conducted in the last 4 years to build capacities of
the public
Public Participation Challenges in the
Congo Basin: Cameroon

Laws on participation on land issues such as dispute
settlement and privatization were rated weak.
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In the case studies on the construction of hydroelectricity dam and the cobalt/nickel mining project,
the laws were rated strong, but in practice, the
population’s involvement was not very effective due
to high cost of participation and inadequate capacity
for their effective participation
Public Participation Challenges in the
Congo Basin: DRC
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The absence of a constitutional disposition
proclaiming the right of the citizens to participate in
the development of policies and decision-making
(although the forest codes provides)
Access To Justice Challenges in the
Congo Basin: Cameroon
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Weak and vague legal provisions on access to information and
public participation claims
The limits regarding claims of confidentiality of information were
wide and unclear.
Access To Justice Challenges in the
Congo Basin: DRC
In environment matters, the constitution arranges that
the environment damages from any economic,
industrial or artisanal activity lead to compensation
and/or repair, of which the nature and the modes will
be determined by law. No law has been passed in
this sense yet. This makes access to justice with
regard to Principle 10 non-functional in DR CONGO.
Conclusions : How do we achieve REDD
effectiveness
and avoid a REDD disservice?
The Congo basin countries have to asses
how they are ready and capable of
implementing Principle 10 of the Rio
Declaration which is a SINE QUA NON
FOR EFFECTIVE REDD in the sub
region.
MERCI