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Beyond carbon: rights-based safeguard principles in law

Publication date:
B. Steni
Type of publication:

The aim of climate change mitigation and adaptation programs are to protect all the Earth’s inhabitants from the serious threats posed by climate change. Safeguards ensure both mitigation and adaptation activities truly address these purposes.The rights-based safeguards described in this report are social safeguards designed by the Civil Society Network for Climate Justice to become a framework for climate change mitigation and adaptation in general, and Reducing Emissions from Deforestation and forest Degradation (REDD) in particular. They take the form of considerations for accepting, operationalising,and monitoring and evaluating REDD. These safeguards are designed notonly as tools for inclusion in on-going REDD programs, but also asprinciples to be used from the outset, when REDD is still underconsideration.The safeguards consists of:

the basic right to information
the procedural right to participate
benefit sharing
the right to forest resources
rights over values and customs relating to the forest
rights to compensation and environmental restoration
rhe right to determine/decline free prior and informed consent (FPIC)
rhe right not to be terrorised, and to protection under the law
rhe right to a healthy environment

The report also goes on to describe mechanisms for raising objections, arguing that as there is always potential for irregularities in monitoring, reporting and verification processes, safeguard violations, and mistakes due to errors and data collection, etc.  Therefore,  The opportunity to raise objections over  decisions can help bring about a transparent and process.