Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives

Expert statements indicate that annually approximately 20 billion dollars will be needed to prevent 90 percent deforestation in tropical countries. Development practitioners are eager to see the benefits from REDD plus initiatives shared with local...

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Bibliographic Details
Main Author: Bruce, John
Other Authors: Nielsen, Robin
Format: Economic & Sector Work
Language:English
en_US
Published: Program on Forests (PROFOR), Washington, DC 2013
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2012/02/16561275/identifying-working-beneficiaries-rights-unclear
http://hdl.handle.net/10986/12621
id okr-10986-12621
recordtype oai_dc
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
en_US
topic ACTIONS
AGRICULTURE
APPLICABLE LAW
AUTHORITY
BENEFIT STREAMS
BIODIVERSITY
CARBON
CARBON CREDITS
CARBON MARKET
CARBON SEQUESTRATION
CARBON SINKS
CARBON STORAGE
CITIZENSHIP
CIVIL LAW
CIVIL SOCIETY
CLEAN DEVELOPMENT MECHANISM
CLIMATE
CLIMATE CHANGE
COLLECTIVE ACTION
COMMON LAW
COMMON PROPERTY
COMMON PROPERTY RESOURCES
COMMUNITY FOREST
COMPENSATION
COMPENSATIONS
CONDITIONALITY
CONSERVATION SOCIETY
CORRUPTION
COURT
COURTS
CUSTOMARY LAW
CUSTOMARY PRACTICES
DECISION MAKING
DEFORESTATION
ECOSYSTEM
EMINENT DOMAIN
EMISSIONS FROM DEFORESTATION
EMPIRICAL EVIDENCE
EMPOWERMENT
ENVIRONMENTAL
ENVIRONMENTAL PROBLEM
EUROPEAN UNION
FAMILIES
FISHING
FOREST
FOREST CARBON
FOREST CARBON STOCKS
FOREST COMMUNITIES
FOREST CONSERVATION
FOREST DEGRADATION
FOREST EDGE
FOREST LAND
FOREST LANDS
FOREST LAW
FOREST MANAGEMENT
FOREST OWNERS
FOREST OWNERSHIP
FOREST POLICY
FOREST PRODUCTS
FOREST PROJECT
FOREST REGENERATION
FOREST RESERVE
FOREST RESOURCE
FOREST RESOURCES
FOREST USE
FORESTRY
FORESTRY PROJECTS
FORESTS
HETEROGENEITY
INDIGENOUS FOREST
INHERITANCE
INSTITUTIONAL CAPACITY
INTERNAL CONFLICTS
INTERNATIONAL LAW
ISLAMIC LAW
JURISPRUDENCE
LAND ADMINISTRATION
LAND GRABBING
LAND RIGHTS
LAND TENURE
LAND USE
LAW ENFORCEMENT
LAWS
LEGAL AUTHORITY
LEGAL CHANGES
LEGAL ENTITY
LEGAL FRAMEWORK
LEGAL INSTRUMENTS
LEGAL ISSUES
LEGAL PLURALISM
LEGAL POSITION
LEGAL REFORMS
LEGAL RIGHTS
LEGAL SYSTEMS
LEGISLATION
LEGITIMACY
LITIGATION
LOCAL GOVERNMENT LAW
NATIONAL LEGISLATION
NATURAL RESOURCES
ORGANIZATIONAL FORMS
OWNERSHIP OF LAND
OWNERSHIP RIGHTS
PARTNERSHIP
POSSESSION
PRIVATE OWNERSHIP
PROPERTY RIGHT
PROPERTY RIGHTS
PUBLIC LAND
REDUCING EMISSIONS
REFUGEE
RELIGIOUS LAW
RESOURCE MANAGEMENT
RIVER
ROUTE
RURAL COMMUNITIES
RURAL DEVELOPMENT
SACRED GROVES
SOIL
SUSTAINABLE DEVELOPMENT
SUSTAINABLE FOREST
SUSTAINABLE FOREST MANAGEMENT
SUSTAINABLE MANAGEMENT
TIMBER
TRADABLE CARBON
TRANSACTION COSTS
VIOLATIONS
WILL
spellingShingle ACTIONS
AGRICULTURE
APPLICABLE LAW
AUTHORITY
BENEFIT STREAMS
BIODIVERSITY
CARBON
CARBON CREDITS
CARBON MARKET
CARBON SEQUESTRATION
CARBON SINKS
CARBON STORAGE
CITIZENSHIP
CIVIL LAW
CIVIL SOCIETY
CLEAN DEVELOPMENT MECHANISM
CLIMATE
CLIMATE CHANGE
COLLECTIVE ACTION
COMMON LAW
COMMON PROPERTY
COMMON PROPERTY RESOURCES
COMMUNITY FOREST
COMPENSATION
COMPENSATIONS
CONDITIONALITY
CONSERVATION SOCIETY
CORRUPTION
COURT
COURTS
CUSTOMARY LAW
CUSTOMARY PRACTICES
DECISION MAKING
DEFORESTATION
ECOSYSTEM
EMINENT DOMAIN
EMISSIONS FROM DEFORESTATION
EMPIRICAL EVIDENCE
EMPOWERMENT
ENVIRONMENTAL
ENVIRONMENTAL PROBLEM
EUROPEAN UNION
FAMILIES
FISHING
FOREST
FOREST CARBON
FOREST CARBON STOCKS
FOREST COMMUNITIES
FOREST CONSERVATION
FOREST DEGRADATION
FOREST EDGE
FOREST LAND
FOREST LANDS
FOREST LAW
FOREST MANAGEMENT
FOREST OWNERS
FOREST OWNERSHIP
FOREST POLICY
FOREST PRODUCTS
FOREST PROJECT
FOREST REGENERATION
FOREST RESERVE
FOREST RESOURCE
FOREST RESOURCES
FOREST USE
FORESTRY
FORESTRY PROJECTS
FORESTS
HETEROGENEITY
INDIGENOUS FOREST
INHERITANCE
INSTITUTIONAL CAPACITY
INTERNAL CONFLICTS
INTERNATIONAL LAW
ISLAMIC LAW
JURISPRUDENCE
LAND ADMINISTRATION
LAND GRABBING
LAND RIGHTS
LAND TENURE
LAND USE
LAW ENFORCEMENT
LAWS
LEGAL AUTHORITY
LEGAL CHANGES
LEGAL ENTITY
LEGAL FRAMEWORK
LEGAL INSTRUMENTS
LEGAL ISSUES
LEGAL PLURALISM
LEGAL POSITION
LEGAL REFORMS
LEGAL RIGHTS
LEGAL SYSTEMS
LEGISLATION
LEGITIMACY
LITIGATION
LOCAL GOVERNMENT LAW
NATIONAL LEGISLATION
NATURAL RESOURCES
ORGANIZATIONAL FORMS
OWNERSHIP OF LAND
OWNERSHIP RIGHTS
PARTNERSHIP
POSSESSION
PRIVATE OWNERSHIP
PROPERTY RIGHT
PROPERTY RIGHTS
PUBLIC LAND
REDUCING EMISSIONS
REFUGEE
RELIGIOUS LAW
RESOURCE MANAGEMENT
RIVER
ROUTE
RURAL COMMUNITIES
RURAL DEVELOPMENT
SACRED GROVES
SOIL
SUSTAINABLE DEVELOPMENT
SUSTAINABLE FOREST
SUSTAINABLE FOREST MANAGEMENT
SUSTAINABLE MANAGEMENT
TIMBER
TRADABLE CARBON
TRANSACTION COSTS
VIOLATIONS
WILL
Bruce, John
Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
description Expert statements indicate that annually approximately 20 billion dollars will be needed to prevent 90 percent deforestation in tropical countries. Development practitioners are eager to see the benefits from REDD plus initiatives shared with local partners. Equally important to understanding how local partners might benefit are questions such as, who should derive benefits from REDD plus initiatives, and how to ensure these initiatives reach the affected households, individuals, communities, companies, and government units. Getting benefit-sharing rights is fundamental, as it will determine how REDD plus initiatives serve a broader development agenda and prevent them from centralizing decision making and enabling elite capture. This paper examines how to address this challenge by adopting a legal pluralism framework and discussing the potential role of legal instruments such as contracts. While the analysis focuses largely on REDD plus activities that involve land, forests, and carbon sequestration, many of the principles suggested are applicable in a broad sense to REDD plus projects dealing with energy and other matters. This paper explores the substantive legal issues and procedural options for identifying beneficiaries in such contexts and ways of working with them despite the legal uncertainty. It gives considerable attention to process, an approach reflecting the diversity of the situations on the ground. To explore these issues, the paper draws upon several relevant bodies of learning on forestry projects and programs, including the literatures on land, tree and forest tenure, legal pluralism, forest project design and implementation, the protection of indigenous peoples, and resettlement issues associated with development projects. The paper also explores how contracts or agreements could be used to work with the beneficiaries and clearly capture the different parties' rights and responsibilities. It examines experiences discussed in the literature, and reviews three good practice projects. Lessons are drawn from both those projects and earlier relevant experiences.
author2 Nielsen, Robin
author_facet Nielsen, Robin
Bruce, John
format Economic & Sector Work
author Bruce, John
author_sort Bruce, John
title Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
title_short Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
title_full Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
title_fullStr Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
title_full_unstemmed Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives
title_sort identifying and working with beneficiaries when rights are unclear : insights for redd+ initiatives
publisher Program on Forests (PROFOR), Washington, DC
publishDate 2013
url http://documents.worldbank.org/curated/en/2012/02/16561275/identifying-working-beneficiaries-rights-unclear
http://hdl.handle.net/10986/12621
_version_ 1764421851755315200
spelling okr-10986-126212021-04-23T14:03:05Z Identifying and Working with Beneficiaries When Rights Are Unclear : Insights for REDD+ Initiatives Bruce, John Nielsen, Robin ACTIONS AGRICULTURE APPLICABLE LAW AUTHORITY BENEFIT STREAMS BIODIVERSITY CARBON CARBON CREDITS CARBON MARKET CARBON SEQUESTRATION CARBON SINKS CARBON STORAGE CITIZENSHIP CIVIL LAW CIVIL SOCIETY CLEAN DEVELOPMENT MECHANISM CLIMATE CLIMATE CHANGE COLLECTIVE ACTION COMMON LAW COMMON PROPERTY COMMON PROPERTY RESOURCES COMMUNITY FOREST COMPENSATION COMPENSATIONS CONDITIONALITY CONSERVATION SOCIETY CORRUPTION COURT COURTS CUSTOMARY LAW CUSTOMARY PRACTICES DECISION MAKING DEFORESTATION ECOSYSTEM EMINENT DOMAIN EMISSIONS FROM DEFORESTATION EMPIRICAL EVIDENCE EMPOWERMENT ENVIRONMENTAL ENVIRONMENTAL PROBLEM EUROPEAN UNION FAMILIES FISHING FOREST FOREST CARBON FOREST CARBON STOCKS FOREST COMMUNITIES FOREST CONSERVATION FOREST DEGRADATION FOREST EDGE FOREST LAND FOREST LANDS FOREST LAW FOREST MANAGEMENT FOREST OWNERS FOREST OWNERSHIP FOREST POLICY FOREST PRODUCTS FOREST PROJECT FOREST REGENERATION FOREST RESERVE FOREST RESOURCE FOREST RESOURCES FOREST USE FORESTRY FORESTRY PROJECTS FORESTS HETEROGENEITY INDIGENOUS FOREST INHERITANCE INSTITUTIONAL CAPACITY INTERNAL CONFLICTS INTERNATIONAL LAW ISLAMIC LAW JURISPRUDENCE LAND ADMINISTRATION LAND GRABBING LAND RIGHTS LAND TENURE LAND USE LAW ENFORCEMENT LAWS LEGAL AUTHORITY LEGAL CHANGES LEGAL ENTITY LEGAL FRAMEWORK LEGAL INSTRUMENTS LEGAL ISSUES LEGAL PLURALISM LEGAL POSITION LEGAL REFORMS LEGAL RIGHTS LEGAL SYSTEMS LEGISLATION LEGITIMACY LITIGATION LOCAL GOVERNMENT LAW NATIONAL LEGISLATION NATURAL RESOURCES ORGANIZATIONAL FORMS OWNERSHIP OF LAND OWNERSHIP RIGHTS PARTNERSHIP POSSESSION PRIVATE OWNERSHIP PROPERTY RIGHT PROPERTY RIGHTS PUBLIC LAND REDUCING EMISSIONS REFUGEE RELIGIOUS LAW RESOURCE MANAGEMENT RIVER ROUTE RURAL COMMUNITIES RURAL DEVELOPMENT SACRED GROVES SOIL SUSTAINABLE DEVELOPMENT SUSTAINABLE FOREST SUSTAINABLE FOREST MANAGEMENT SUSTAINABLE MANAGEMENT TIMBER TRADABLE CARBON TRANSACTION COSTS VIOLATIONS WILL Expert statements indicate that annually approximately 20 billion dollars will be needed to prevent 90 percent deforestation in tropical countries. Development practitioners are eager to see the benefits from REDD plus initiatives shared with local partners. Equally important to understanding how local partners might benefit are questions such as, who should derive benefits from REDD plus initiatives, and how to ensure these initiatives reach the affected households, individuals, communities, companies, and government units. Getting benefit-sharing rights is fundamental, as it will determine how REDD plus initiatives serve a broader development agenda and prevent them from centralizing decision making and enabling elite capture. This paper examines how to address this challenge by adopting a legal pluralism framework and discussing the potential role of legal instruments such as contracts. While the analysis focuses largely on REDD plus activities that involve land, forests, and carbon sequestration, many of the principles suggested are applicable in a broad sense to REDD plus projects dealing with energy and other matters. This paper explores the substantive legal issues and procedural options for identifying beneficiaries in such contexts and ways of working with them despite the legal uncertainty. It gives considerable attention to process, an approach reflecting the diversity of the situations on the ground. To explore these issues, the paper draws upon several relevant bodies of learning on forestry projects and programs, including the literatures on land, tree and forest tenure, legal pluralism, forest project design and implementation, the protection of indigenous peoples, and resettlement issues associated with development projects. The paper also explores how contracts or agreements could be used to work with the beneficiaries and clearly capture the different parties' rights and responsibilities. It examines experiences discussed in the literature, and reviews three good practice projects. Lessons are drawn from both those projects and earlier relevant experiences. 2013-03-11T15:40:05Z 2013-03-11T15:40:05Z 2012-02 http://documents.worldbank.org/curated/en/2012/02/16561275/identifying-working-beneficiaries-rights-unclear http://hdl.handle.net/10986/12621 English en_US CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Program on Forests (PROFOR), Washington, DC Economic & Sector Work Economic & Sector Work :: Energy-Environment Review