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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Format: | Economic & Sector Work |
Language: | English en_US |
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Program on Forests (PROFOR), Washington, DC
2013
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Online Access: | http://documents.worldbank.org/curated/en/2012/02/16561275/identifying-working-beneficiaries-rights-unclear http://hdl.handle.net/10986/12621 |
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institution_category |
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World Bank Open Knowledge Repository |
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World Bank |
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English en_US |
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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 |