February 2013: The International Institute for Environment and Development (IIED) has released a briefing titled “Carbon rights legislation: not yet ready for private sector REDD+.” The briefing reviews state ownership, private land tenure and customary rights within the framework of their applicability to REDD+.

Overall, the briefing concludes that most carbon rights legislation is based on the application of existing land tenure laws and policies to carbon regulation. However, the publication reveals that such an approach typically doesn’t allow for the adequate consideration of important REDD+ issues such as benefit sharing and partnerships between local communities and the private sector. Such an approach also does not facilitate a clear understanding of the drivers of deforestation and forest degradation.

The briefing illustrates challenges and opportunities concerning REDD+ and tenure through examples from the Democratic Republic of Congo (DRC) and Kenya, examining the 1973 Land Tenure Law from the DRC and the 2012 Land Law in Kenya.

Main messages from the briefing include the need to establish long-term legislation on carbon rights in order to address the current reinterpretation of existing land tenure policies that is resulting in the capture of carbon rights by the private sector, often at the expense of local communities. According to the briefing, addressing private sector access to carbon rights could also allow for the taxation of private sector carbon credit generation and could help ensure the equitable sharing of REDD+ benefits. [Publication: Carbon Rights Legislation – not yet ready for private sector REDD+?]