Twelfth Policy Board Meeting 8 July, 2014 Lima, Peru Consultation Guidelines for REDD+ implementation in collective territories in Ecuador Constraints, Complexities and Opportunities in implementing REDD+ Twelfth Policy Board Meeting 8 July, 2014 Lima, Peru

Contents of the presentation Background and process on the development of a national approach for a consultation process for REDD+ implementation The “Consultation Guidelines for REDD+ implementation in colective territories” Ongoing process and next steps

1. Background and process Development of a national approach for a consultation process for REDD+ implementation

1. Background and process National and International legal framework on FPIC Regional and national workshops on FPIC for REDD+ The national process for a national approach – the Ministerial Agreement

1. Background and process National and International legal framework on FPIC right to free, prior and informed consent is one of the collective rights of indigenous peoples and nationalities of Ecuador, recognized and guaranteed in the Republic Constitution (2008 National Cancun Safeguards (Decision 1/CP.16 UNFCCC) ILO Convention No. 169 (1998) United Nations Declaration on the Rights of Indigenous Peoples (2007) International Office of the High Commissioner of the United Nations for the human rights, Ministry of Environment, and the UN-REDD National Joint Programme When I say International Standards, I am not talking about REDD+ standards, I am refering to international treaties and conventions which describe the minimum substantive and operational obligations to be observed by states to respect, protect and fulfill this right. Legal Basis: Constitucional and International Standards The right to free, prior and informed consent is one of the collective rights of indigenous peoples and nationalities of Ecuador, recognized and guaranteed in the Republic Constitution (2008) and in the international Human Rights Instruments ratified by Ecuador: ILO Convention No. 169 (1998) United Nations Declaration on the Rights of Indigenous Peoples (2007) The principles of free, prior and informed consent considered in Ecuador's Guidelines are based on constitutional and international standards that describe the minimum substantive and operational obligations to be observed by states to respect, protect and fulfill this right in REDD+ implementation. Need to differentiate: consultations from consent; and consultations for FPIC for REDD+

Facilitation Team in Ecuador MAE, OACDH y ONU-REDD)(June) 1. Background and process Regional and national workshops on FPIC for REDD+ 2012 Lima Workshop (February) 2012 Panamá Workshop 2013 Facilitation Team in Ecuador MAE, OACDH y ONU-REDD)(June) Target: Basic understanding concepts and definitions in FPIC context and its application for REDD+, for Latin American and Caribbean countries. Difference between consult and consent. Target: To form a team of experts in order to build the Guidelines based on international standards and national framework. Office of the High Commissioner of the United Nations for the human rights, Ministry of Environment, and the UN-REDD National Joint Programme (October) Target: Develop skills, tools and recommendations to promote compliance to the right to FPIC in REDD+.

2013 Extended National Workshop 1. Background and process The national process for a national approach 2013 REDD+ Working Group (July) 2013 Work Group (OACDH, MAE, ONU-REDD, Indigenous representatives, civil society, delegates and experts) (August) 2013 Extended National Workshop (September) Target: Present to the REDD+ Work Table the objectives, and the roadmap for the process. Designation of delegates from the REDD+ Work Table for the building process of the Guidelines at national level. Target: Generate inputs for the guidelines through the conformation of a technical space with several work meetings. Target: Inform stakeholders about the building process of the guidelines, and receive their feedback.

1. Background and process Participatory process at national level Base document of “Requirements and procedures for Consultations for REDD+ implementation in collective lands or territories” Ministerial Agreement No. 128 (December 2014) The national process for a national approach Provision: “The Guidelines shall be applied meanwhile the National Guide is expided, which would be built in a participative process and will replace the actual one”. As a result of the participatory process at national level we obtained the Base document of “Requirements and procedures for Consultations for REDD+ implementation in collective lands or territories Legal Base for starting the participative process of construction of the National Guide for Consultation and Negotiation for REDD+

1. Background and process The local process for a national guide Provisional guidelines from M.A. 128 Illustrated and didactic document derived from Ministerial Agreement No. 128, easy to understand in order to be used at local level. 2014 Local Workshops: REDD+ priority regions (april to June 2014) Target: participants understand, analyze and give a feedback the guidelines in order to verify if they are applicable in the context of local realities. Information processing chart and inputs collected in local workshops, work group and technical staff for NJP and Ministry of Environment In a second phase after the issuance of Ministerial Agreement No. 128, is the local process for a national guide, in accomplishment of the transitory provision mentioned before. This process started with the illustrated and didactic document derived from Ministerial Agreement No. 128, easy to understand in order to be used at local level. This document was taken to local workshops that took place at REDD+ priority regions from april to june 2014. Actually we are working on an information processing chart and inputs collected in local workshops, work group and technical staff for Nacional Joint Programme and Ministry of Environment

2. The “Consultation Guidelines for REDD+ implementation in colective territories”

2. The consultation guidelines The content of the guidelines Objective To ensure the respect of the ‘right for consultation’ towards ‘free, prior and informed consent’ for REDD+ implementation on collective lands Scope The guidelines apply for REDD+ actions on collective lands The guidelines apply for collective or community property areas – project scale Does not apply to other types of projects, such as mining, oil and others. OBJECTIVE To ensure, with the application of the guidelines previous to the implementation of REDD+ activities or projects, the accomplishment of the right to consultation of communities, indigenous peoples and indigenous nationalities, including Montubio, Afro-Ecuadorian and other groups who depend on forest resources for their livelihood. SCOPE The guidelines apply for collective or community property areas. Also apply when the Government entities or the Ministry of Environment are the proponents of REDD+ activities or projects in forest areas and public protected areas. The Consultation Guidelines apply only for REDD+ projects scale, does not apply to other types of projects, such as mining, oil and others.

2. The consultation guidelines The content of the guidelines Communities, indigenous peoples, indigenous nationalities, afro ecuadorians and montubios. Other collectives which depend on forests resources for its livelihoods. Subjects of Consultation Rights Consultation Process – governmental entitites Negotiation Process – non-governmental entitites Mechanisms for Obtaining Consent Ensure compliance with the collective rights Ensure the implementation of the guidelines in order to guarantee rights compliance on REDD+ implementation Role of National REDD+ Authority MECANISMS FOR OBTAINING CONSENT REDD+ is a voluntary approach and it always requires the parties agreement and consent for its implementation. According to the guidelines, in order to reach agreements with indigenous peoples it is necessary to follow a process of: Consultation: When the consultant is a governement entity. Negotiation: When the consultant is not a government entity – in which case government acts as a right guarantor.

3. Ongoing process and next steps

Work Group for Consultation and Negotiation Extended National Workshop 3. Ongoing process and next steps Work Group for Consultation and Negotiation Extended National Workshop National Guide for Consultation and Negotiation for REDD+ implementation Proposal (project scale) Identification of a process for other REDD+ implementation scales (i.e. policies) Target: Share the results of the local workshops Date: Proposed for August 15, 2014. Target: Present the outcomes of the local process (August, 30 2014) Subject to the approval of Ministry of Environment and issued by Ministerial Agreement.

Consultora de Aspectos Legales María del Carmen García Thank you Patricia Serrano Roca Consultora de Aspectos Legales pserrano@pnc-onureddecuador.org María del Carmen García Especialista REDD+ maria.garcia@ambiente.gob.ec www.pnc-onureddecuador.org www.ambiente.gob.ec