IMPLEMENTING PRINCIPLE 10 OF THE RIO DECLARATION IN THE CONGO BASIN: A CONDITION SINE QUA NON FOR EFFECTIVE REDD A.B. Njamnshi 1 and A.M. Mpoyi 2 1 Bioresources Development and Conservation Programme- Cameroon, Yaounde, Cameroon 2 Conseil pour la Défense Environnementale par la légalité et la Traçabilité, Kinshasa, DRC

Outline of presentation 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 referred to in paragraphs 2 and 5 above”

Access Issues at All Phases of REDD: Access to information 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 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. 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) 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 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 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. In the case studies on the construction of hydro- electricity 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 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 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