Legal landscapes guide biodiversity safeguards
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Seminar on Landscapes in a Carbon Focused World 26 October 2012 SIANI, Focali & Naturskyddsföreningen organized a one-day seminar in Gothenburg. Summary: Safeguards have gained momentum in the international environmental arena especially in action for REDD+ under the UN Framework Convention on Climate Change (UNFCCC). This presentation will address the way safeguards can be related to different biodiversity financing mechanisms, and learn from the REDD+ discussions under the UNFCCC. While scaling up biodiversity finance is key for achieving the three goals of the Convention on Biological Diversity (CBD), the development of new biodiversity financing mechanisms has also generated concerns over the potential problems, which span from generating financial speculation to affecting the rights of indigenous peoples and local communities. The presentation will examine legal landscapes that can be useful for developing and implementing safeguards related to biodiversity financing mechanisms in an equitable way. Claudia Ituarte-Lima is Legal Advisor at the Resilience and Development Programme (Swedbio), at Stockholm Resilience Centre. She is an international public lawyer with theoretical and applied experience in both multilateral and community environmental issues. She holds a PhD from University College London, an MPhil from University of Cambridge, and diplomas from Bourgogne University in France, among other. Her distinctions include the Human Rights Award by American University, Washington College of Law. Her current interests are climate change and biodiversity laws and policies in relation to poverty alleviation, livelihoods and development. She holds visiting status at the Environmental Change Institute, University of Oxford and the Stockholm Environmental Institute.
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Legal landscapes guide biodiversity safeguards
- 1. Legal landscapes in biodiversity and social safeguards . Claudia Ituarte-Lima, Resilience and Development (SwedBio) at Stockholm Resilience Centre 26 October 2012, Seminar: Landscapes in a carbon focused world by SIANI, Focali & Naturskyddsföreningen in Gothenburg
- 2. This presentation is based on: Discussion paper: Safeguards for scaling-up biodiversity financing and possible guiding principles Claudia Ituarte-Lima, Maria Schultz, Thomas Hahn and Sarah Cornell . e-mails: claudia.ituarte@cantab.net, maria.schultz@stockholmresilience.su.se, thomas.hahn@stockholmresilience.su.se, sarah.cornell@stockholmresilience.su.se Information document for the CBD-Conference of the Parties 11, UNEP/CBD/COP/11/INF/7. http://www.cbd.int/doc/meetings/cop/cop-11/information/cop-11-inf-07-en.pdf
- 3. Presentation’s structure 1.- Introduction 2.- Legal landscape approach 3.- Legal landscapes on safeguards 4.- Safeguards and different types of Biodiversity Financing Mechanisms 5.- Concluding remarks
- 4. 1. Introduction Evolving notion of safeguards: • from financial institutions to new arenas • multifaceted features of safeguards Biodiversity Financing Mechanisms (BFMs) • non-maket and market alternatives; established and new mechanisms •various values of biodiversity (incl. resilience) serve as justification for its protection • valuation of biodiversity does not necessarily imply letting market solve challenges
- 5. 2. Legal landscape approach •Emphasis on dynamic legal systems concerning the interaction between people and nature • Aims to reconcile trade-offs between improving the livelihoods of natural resources’ dependent people and conserving biodiversity • Implies social learning (incl. approaches to change) for better governance • While being context specific, different scales can be addressed • Takes into account the co-existance of various ecosystems
- 6. 3.1 Legal landscapes on safeguards: learning from existing laws and policies • Distinction between procedural and substantive safeguards • Safeguards at multiple scales and their dynamic interactions • Social and environmental impact assessments: what needs safeguarding in particular contexts
- 7. 3.2.- Legal landscapes on safeguards: elements and guiding principles in BFMs • Biodiversity values for local livelihoods • People’s rights, access to resources and livelihoods • Local and country-driven/specific processes linked to the international level • Governance, institutional frameworks and accountability
- 8. 4.- Safeguards and different types of BFMs • Payment for ecosystem services (PES) such as REDD+: procedural safeguards (e.g. free prior informed consent) syncronised with substantive safeguards (e.g. carbon, land and forest associated rights and duties). Tangible resources linked to intangible resources. •Fiscal reform: safeguards to reduce perverse incentives such as avoiding subsidies to unsustainable practices. PES are sometimes financed by an earmark fiscal reforms. • International development assistance (ODA): although it may not be an innovative financing mechanism, it can provide seed money (e.g. PES) and lessons for various BFMs.
- 9. 5.- Concluding remarks Biodiversity and social safeguards need to respond to the risks and opportunities of each BFMs. Yet, there are linkages in practice between different BFMs. Hence, the harmonisation of safeguards can make them more effective and equitable. Guiding principles can be the baseline underlying safeguards in all BFMs.
- 10. 5.- Concluding remarks A legal landscape approach can serve for developing and implementing safeguards with a new perspectives. Substantive safeguards: broader perspective in defining rights and duties for reconciling biodiversity conservation in all ecosystems and people’s livelihoods. Procedural safeguards: involve a shift of perspective from static provisions in laws to resilient and locally rooted safeguards that are supported by country- driven processes that make use of existing international legal and policy instruments.
Notas do Editor
- Focus of the presentation will be in safeguards in BFMs which include climate-relevant mechanisms such as REDD+. In this presentation “Safeguards”: measures for maximising the protection of biodiversity and peoples’ livelihoods and decreasing negative impacts. From financial institutions to new arenas: 1990s World Bank in response to high profile controvercies in 1970/1980s. 2010 UNFCCC COP16 safeguards adopted, 2011: COP17 guidance in reporting and country driven. Valuation of biodiversity Values of biodiversity is what justifies their protection; risk to overlook non tradable services Valuation and financing biodiversity does not mean letting the market solve the problem 98% of payment for ecosystem services are funded by governmental or multilateral institutions.
- Substantive safeguards define the rights and duties (e.g. associated with property/tenure a key aspect in REDD+). Hence, the focus is on natural resources' tenure/ prperty rights and duties. Property can signify the social organisation of rights and duties over biocultural resources, both with physical attributes and intellectual characteristics. Procedural safeguards concerning the processes and means e.g. participation for making effective and enforcing those rights and duties. Measures to promote equitable relations between empowered communities/land owners in REDD+ and other stakeholders become resilient and socially rooted safeguards. The aim is to ensure that the benefits of the financing mechanisms are maximised for biodiversity and local livelihoods. Safeguards at multiple scales and their interactions: International scale: incl. official legal negotiation processes but also beyond: CCBS and Plan Vivo, REDD+ social and environmental standards. Biocultural Community Protocols recognised in the Nagoya Protocol, can be a useful as a tool for climate-related initiatives in order to link various scales. BCP would be especially for procedural safeguards. CBD Secretariat’s advice in the application of safeguards on REDD+: EIA and SIA can serve to give full consideration of all adaptation and mitigation strategies .
- 1 Biodiversity values for local livelihoods Possible guiding principle: The fundamental underpinning role of biodiversity and ecosystem processes for insurance value, resilience and local livelihoods should be recognised in the design and implementation of BFMs. Proper institutional arrangements are needed for safeguarding biodiversity and the associated ecosystem functions and services. 2 People’s rights, access to resources and livelihoods Possible guiding principle: Measures to allocate rights and duties in BFMs, including the distribution of access to resources and benefit sharing, should be done in a fair and equitable manner and with the free prior informed consent of indigenous peoples and local communities to interventions that may have consequences for their livelihoods. 3 Local and country-driven/specific processes linked to the international level Possible guiding principle: Safeguards in BFMs need to be grounded in local realities and supported by country-driven and specific processes that make use of existing relevant international legal and policy frameworks. 4 Governance, institutional frameworks and accountability Possible guiding principle: Appropriate institutional frameworks and accountability mechanisms to support effective and equitable governance are a prerequisite for all safeguards to function properly. This includes addressing drivers of biodiversity loss and removing perverse incentives. Besides developing appropriate socially and environmentally laws and policies, Parties should also have effective means for ensuring accountability and the compliance with safeguards.
- These are some examples; there are also other types. Substantive safeguards concern both intangible resources (carbon and knowledge) but also tangible resources (land and forests). e.g. PES financed by an earmark fiscal reforms: The Socio Bosque program (SB) of the Ecuadorian Ministry of Environment is a governmental initiative which started in September 2008 and aims to preserve native forest ecosystems in Ecuador, reduce the high rate of deforestation in the country and increase the wellbeing of the forest dependent population. 2012: approx 9.5 million financed through taxes incl. Taxes on fossil fuels. Examples of ODA lessons e.g. transparency, socio-cultural understanding, gender issues.
- While safeguards need to respond to the risks and opportunities of each BFMs, their harmonisation can make them be more effective and equitable. Guiding principles can be the baseline underlying safeguards in all BFMs: from framing safeguards in BFMs to ensuring that BFMs have consistency and harmony with international obligation to ensuring the compliance of safeguards.
- In substantive safeguards: Governance of forests in REDD+ affect also other ecosystems; Carbon-related rights and duties interlinked with other resources in particular land. Guiding principles can be the baseline underlying safeguards in all BFMs: from framing safeguards in BFMs to ensuring that BFMs have consistency and harmony with international obligation to ensuring the compliance of safeguards.