Legal Frameworks for REDD - Ownership of Land, Forest and Carbon

Forest ownership is normally associated with land ownership.1 In developing countries, whereREDD projects are being envisioned, often land title is not validly vested in local users, and land usearrangements are poorly defined and recorded. Both in Brazil and Indonesia – the countries with thelargest carbon emissions in the forest sector – the relationship between customary and statutoryrights in land is problematic.REDD projects face high investment risks where land ownership challenges exist. It is difficultto reward the relevant actors or owners without clear land title and properly designed regulatorysystems that define the ownership of carbon in light of national or local conditions. Unclear land titlesare likely to result in confusion over benefits and increase project risk. It is therefore helpful to beginan analysis of REDD regulatory frameworks with a discussion of land ownership and use rights, aswell as proprietary interests in the services or elements that carbon sequestration represents.