A REDD Solution to a Green Problem: Using REDD plus to Address Deforestation in Ghana through Benefit Sharing and Community Self-empowerment

DOI10.3366/ajicl.2014.0081
Pages80-102
Published date01 February 2014
Date01 February 2014
AuthorWilliam Daniel Nartey
INTRODUCTION

When you enter a grove peopled with ancient trees, higher than the ordinary and shutting out the sky with their thickly intertwined branches, do not the stately shadows of the wood, the stillness of the place, and the awful gloom of this doomed cavern then strike you with the presence of a deity?

(Seneca, 4 BCAD 65)

As the ancient Roman philosopher correctly observed, a reverent presence is felt when one enters the forest. Its composition of still beauty and the feel of protection it generates confirm that it is indeed God's gift to humanity. Then should humans not be thankful for this gift bestowed upon them, accord it with respect, and treat it with the utmost care? Unfortunately, man's desire for economic wealth and a need for survival have led to a reckless and negligible attitude toward the use and care of the world's forests.

The process of converting forests into non-forests deforestation claims 17 million hectares of the world's tropical forests each year.1

M. K. Hoyt, Note, ‘Breaking the Trade Barrier: Common Property Solutions to Tropical Deforestation’, 5 Minnesota Journal of Global Trade (1996): 195, 212.

Deforestation has a significant impact on environmental damage and economic deterioration, and a direct effect on climate change.2

Ibid.

In addition to releasing stored carbon, which is a greenhouse gas (GHG), it reduces the remaining forests’ capacity to absorb carbon from the atmosphere.3

R. S. Abate and T. A. Wright, ‘A Green Solution to Climate Change: The Hybrid Approach to Crediting Reductions in Tropical Deforestation’, 20 Duke Environmental Law and Policy Forum (2010): 87, 89.

Tropical forests represent most of the forest lands in developing nations, accounting for 42 per cent of the world's forests.4

B. Chase, ‘Tropical Forests and Trade Policy: The Legality of Unilateral Attempts to Promote Sustainable Development under the GATT’, 17 Hastings International and Comparative Law Review (1994): 349, 354–5.

Ghana is located on the West Africa's Gulf of Guinea, in a tropical climate, a few degrees north of the equator. It has a total land area of 238,540 square kilometres of which the land area constitutes 230,020 square kilometres.5

J. K. Teye, ‘Deforestation in Ghana’, Human Landscape Ecology, Selected Term Papers 2003/2004, ed. K. Potthoff (2005), available at http://www.svt.ntnu.no/geo/Doklager/Acta/Human%20landscape%20ecology.pdf (accessed 30 October 2012).

Ghana is no stranger to the problem of deforestation. The developing country's rainforest has been decreasing rapidly and significantly over time. The condition of Ghana's forests has been in decline for many years, particularly since the 1970s.6

Forestry Commission of Ghana, Ghana Investment Plan for the Forest Investment Program (31 August 2012), available at http://www.fcghana.org/assets/file/Programmes/Forest_Investment_Plan_fip/Ghana%20Draft%20FIP%203-5%20_31_august2012.pdf (accessed 3 November 2012).

The country loses its forest cover at the rate of 700,000 hectares per annum. Of the 8.3 million hectares of high forest existing at the beginning of the twentieth century, only 1.6 million hectares remain.7

E. Abotsi, ‘Ghana's Environmental Framework Law and the Balancing of Interests’, in M. Faure and W. du Plessis (eds), The Balancing of Interests in Environmental Law in Africa, Pretoria University Law Press (2011), pp. 135–66, p. 139, available at http://www.pulp.up.ac.za/pdf/2012_04/2012_04.pdf (accessed 9 November 2012).

The immediate drivers of deforestation are: (1) policy and market failures in the timber sector; (2) growing population in rural and urban areas, which increases local demand for agricultural and wood products; (3) high demand for wood and forest products on the international market; (4) heavy dependence on charcoal and wood fuel for rural and urban energy; and (5) slash and burn agricultural practices destroying the fertility of lands.8

Forestry Commission of Ghana, supra note 6, p. 3.

Many forest reserves are heavily encroached and degraded, and being rapidly depleted.9

Forestry Commission of Ghana, REDD Readiness Preparation Proposal, available at http://www.fcghana.org/assets/file/Programmes/Reduced%20Emmissions%20for%20Deforestation%20&%20Degradation/Revised%20Ghana%20R-PP_1%20Nov.pdf (accessed 30 October 2012).

The impact of deforestation is widespread, affecting the livelihoods of local people, disrupting important environmental functions, and disturbing the biological integrity of the original forest ecosystem.10

TED Case Studies, Ghana Forest Loss, available at http://www1.american.edu/TED/ghana.htm (accessed 30 October 2013).

There is a serious concern in the region about climate change as a result of state and local practices and interests contributing to this phenomenon.11

Ibid.

A contributing factor to this problem is the country's land tenure system

The Ghanaian government is vested with management and commercial rights of natural resources on all public lands, including customary lands in the national interest, even though ownership rights to these lands may be retained by stools or communities.12

Constitution of the Republic of Ghana 1992, article 257(6).

These vested designations include many forest lands upon which these communities dwell. In addition, the laws direct all benefits and revenue from minerals on these lands exclusively to the government

The government holds the exclusive right to grant logging and mining licences as it deems proper and which typically provide minimal financial and economic benefit to the affected communities and stakeholders. The licensees, including commercial timber companies upon completion of timber logging activities, often fail to regenerate the forest area felled thereby leaving forest land bare. These companies also regularly exceed the scope of their licence by logging beyond their designated areas. These activities are conducted without the fear of serious reprimands because of lack of adequate oversight by the Forestry Commission.

The lack of oversight is due to a lack of resources to monitor the vast amounts of land for which logging licences are granted.13

Interview with Mr Richard Dornu Nartey, Former Minister of Lands and Forestry, Fourth Republic of Ghana (25 September 2012).

Another reason for this defiant attitude of the commercial timber logging companies is due to corruption among forestry officers designated to monitor the forest, who may be paid off. Observed in other parts of the world as a common phenomenon, corruption thrives especially well in the forestry sector.14

M. L. Brown, ‘Limiting Corrupt Incentives in a Global REDD Regime’, 37(1) Ecology Law Quarterly (2010): 237, 254.

For one, forest regions tend to be remote and sparsely populated.15

Ibid.

As such, illegal practices and bureaucratic corruption can easily go unobserved by the public, the press and the honest elements of forest agencies.16

Ibid.

This has contributed significantly to the country's deforestation problem as often economic interests overshadow the threat of loss of forest cover and ultimately contribute to the lasting effects of climate change

For the forest-dwelling communities, deforestation is an essential part of their income, as agricultural expansion and logging activities contribute to their economic stability. Due to the absolute power in the State in the appropriation of financial benefits from the minerals and other natural resources on forest lands, actively combating deforestation is not a primary agenda for forest-dwelling communities because it threatens their very economic existence. A balance between government and local community economic interests is a necessary goal that must be achieved to effectively address the country's deforestation problem.

The government, through adoption of a policy, should recognise carbon rights as a natural resource and some of its management and benefit rights must be focused toward the forest communities who directly impact its production. Like other countries with tropical high forests, Ghana is in the early stages of grappling with the opportunities and challenges posed by carbon finance and REDD.17

Katoomba XV, Realizing REDD+ Implications of Ghana's Current Legal Framework for Trees (October 2009), available at http://www.katoombagroup.org/∼foresttr/documents/files/doc_2354.pdf (accessed 2 November 2012).

Carbon, which has recently evolved globally as a natural resource, has not been specifically recognised or provided for in the Ghanaian constitution or related legislation. This objective can be met, within an institution of REDD and REDD plus policies.

REDD refers to efforts and strategies to reduce GHG emissions from deforestation in developing countries. The idea of REDD was conceived in 2005 by developing countries, as their important way of contributing to solving the problem of climate change, and also supporting their economies. REDD plus is an extension of REDD that delineates specific conservation activities, and is the most developed method of forest conservation. It allows governments and private companies to offset their own carbon emissions by paying to keep forests standing, and, in effect, purchasing the carbon that is stored inside.18

J. Vidal, ‘Q&A: Reducing Emissions from Deforestation and Forest Degradation (REDD)’, Guardian, 24 September 2009, available at http://www.guardian.co.uk//2009/sep/24/redd-reducing-emissions-from-deforestation (accessed 2 November 2012).

This method of forest conservation is proving effective worldwide in the conservation of tropical rainforests.19

Ibid.

The most common avenue of implementation is a national approach where credits are paid to national governments who implement policies in controlling the emissions of carbon in their forests.20

Ibid.

This form of centralised government implementation presents some challenges, however. The implementation of REDD plus policies requires extensive extraction of historic forest data
...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT