National REDD+ Framework Strategy of the Federal Republic of Nigeria

National REDD+ Framework Strategy of the Federal Republic of Nigeria i Patrick W. Matakala December, 2016 National REDD+ Framework Strategy of the Federal Republic of Nigeria ii VISUAL SUMMARY: GUIDING FEATURES OF NIGERIA’S REDD+ FRAMEWORK STRATEGY Guiding Principles Effectiveness Efficiency Fairness Transparency Accountability Inclusiveness Sustainability REDD+ will ensure achievement of targeted emissions and improve community livelihoods and enhance green economy. REDD+ in Nigeria to constitute long term activities that will result in ecological, financial and social benefits to citizens. REDD+ approaches mainstream a gender based approach with respect to principle of gender equality and human rights protection in forest and natural resources management. REDD+ implementation to ensure openness and participation in decision–making and implementation by all stakeholders including local communities’ Free, Prior and Informed Consent (FPIC) REDD+ implementation answerable to the people of Nigeria and UNFCCC in terms of relevance of process, funding and results obtained; REDD+ programme in Nigeria shall engage various stakeholders reflecting a wide range of understanding and knowledge necessary for REDD+ delivery. REDD+ implementation to share costs and benefits among stakeholders in an equitable manner and ensure sustainable and long-term funding is generated locally. Vision By 2030, achieve sustainable management of Nigeria’s forests and ecosystems as well as reduced emissions from deforestation and forest degradation by 20% while promoting sustainable livelihoods and a climate resilient national economy towards attainment of Nationally Determined Contribution (NDC) and Sustainable Development Goals (SDGs). Mission 1. Promotion of a green economy; 2. Improving the capacity of relevant Ministries, Departments and Agencies (MDAs) to manage forest and ecosystem resources effectively and efficiently; 3. Promotion of alternative livelihood options as co-benefits to REDD+ implementation; and 4. Improving relevant policies, laws and regulations and strengthening law enforcement towards inclusive, transparent and accountable systems to achieve national development goals and global Sustainable Development Goals (SDGs). 1. Goals 1. Short-term Goal (2017-2019): To support forest governance systems at state level, spatial planning and the REDD+ investment environment in order to fulfill states’ commitments to reduce greenhouse gas emissions while maintaining economic growth. 2. Medium-term Goal (2017-2025): To implement governance systems in line with policies, measures and procedures developed by the Federal Government to achieve the nationally targeted 20 percent reduction (unconditional, in the NDC) in emissions by 2025. 3. Long-term Goal (2017-2030): Nigeria’s land areas become a net carbon sink by 2030 as a result of the implementation of appropriate policies and measures for sustaining economic development and ecosystem service functions of forests and contribution to Nigeria’s Nationally Determined Contribution (NDC) to climate change mitigation and adaptation. iii LIST OF ACRONYMS AND ABBREVIATIONS ACCF African Climate Change Fund AD Activity Data AfDB-G African Development Bank Group BAU Business As Usual CBO Community Based Organization CBO Community Based Organization CEDAW UN Convention on the Elimination of All Forms of Discrimination Against Women CF Community Forest CITES Convention on International Trade in Endangered Species COP Conference of the Parties CRS Cross River State CSO Civil Society Organization D Deforestation DB Doing Business DCC Department of Climate Change DESA Derived Savannah DNA Designated National Authority DTF Distance To Frontier DW Deadwood EBID ECOWAS Bank for Investment and Development ECOWAS Economic Community for West African Sates EF Emission Factor EGASPIN Environmental Guidelines and Standards for the Petroleum Industry in Nigeria EIA Environmental Impact Assessment ERDF ECOWAS Regional Development Fund ERIF ECOWAS Regional Investment Fund FBO Faith Based Organization FCPF Forest Carbon Partnership Facility FD Forest Degradation FDF Federal Department of Forestry FRA Forest Resource Assessment FREL Forest Reference Emission Level FRL Forest Reference Level GGWSAP Great Green Wall for the Sahara and Sahel Initiative National Strategic Action Plan GHG Green House Gas INDC Intended Nationally Determined Contribution INGO International Non-Governmental Organization LGA Local Government Area LUA Land Use Act LUCF Land Use Change and Forestry iv MANF Mangrove Forest MCCF Ministry of Climate Change and Forestry MDA Ministry, Department, Agency MO Media Organization MONF Montane Forest MRV Monitoring, Reporting and Verification NAPA National Adaptation Programme of Action on Climate Change NBSAP National Biodiversity Strategy and Action Plan NDC Nationally Determined Contribution NESREA National Environmental Standards and Regulations Enforcement Agency Act NFI National Forest Inventory NFMS National Forest Monitoring System NGO Non-Governmental Organization NP National Park NREEEP National Renewable Energy and Energy Efficiency Policy NTF Nigeria Trust Fund NTFP Non-Timber Forest Product OA Open Area OF Open Forest PAM Policy Action and Measure PLR Policy, Legal and Regulatory PPCR Pilot Program for Climate Resilience PS Private Sector REDD Reducing Emissions from Deforestation and Forest Degradation REDD+ Reducing Emissions from Deforestation and Forest Degradation, and the Conservation of Forest Carbon Stocks, Sustainable Management of Forests, and Enhancement of Forest Carbon Stocks REL Reference Emissions Level RL Reference Level R-PIN Readiness Plan Idea Note R-PP Readiness Preparation Proposal SDG Sustainable Development Goal SESA Strategic Environmental and Social Assessment SFM Sustainable Forest Management SIS Safeguards Information System SNR Strict Nature Reserve SOM Soil Organic Matter TA Traditional Authority THF Tropical High Forest UN United Nations UNCBD United Nations Convention on Biological Diversity v UNCCD United Nations Convention to Combat Desertification UNDP United Nations Development Programme UNFCCC United Nations Framework Convention on Climate Change WAY Women and Youth Association WG Working Group WS Wildlife Sanctuary vi TABLE OF CONTENTS VISUAL SUMMARY: GUIDING FEATURES OF NIGERIA’S REDD+ FRAMEWORK STRATEGY ........................... ii LIST OF ACRONYMS AND ABBREVIATIONS .................................................................................................. iii LIST OF TABLES ............................................................................................................................................. ix LIST OF FIGURES ........................................................................................................................................... ix LIST OF BOXES .............................................................................................................................................. ix 1. INTRODUCTION: BACKGROUND AND BASIS OF FRAMEWORK STRATEGY DEVELOPMENT...................... 1 1.1 Objectives: Why a National REDD+ Framework Strategy? ................................................................. 1 2. SITUATION ANALYSIS ................................................................................................................................ 4 2.1 Overview ............................................................................................................................................. 4 2.2 Demography, location and social context .......................................................................................... 4 2.3 The socio-economic landscape ........................................................................................................... 5 2.4 Forest Resources and their Management ........................................................................................... 5 2.5 Forestry Contribution to the National Economy ................................................................................ 7 2.6 Drivers of Deforestation and Forest Degradation in Nigeria .............................................................. 7 2.7 REDD+: An Opportunity for Nigeria .................................................................................................... 8 2.8 Nigeria’s Journey Towards REDD+ ...................................................................................................... 8 2.9 Existing Policy, Law and Regulatory (PLR) Framework Supportive of REDD+ Implementation ........ 10 2.9.1 Draft Bill for a National Forest Act, 2003 ................................................................................... 10 2.9.2 National Forest Policy, 2006 ...................................................................................................... 10 2.9.3 Land Use Act Cap 202 LFN 1990 Cap L5 LFN 2004 ..................................................................... 11 2.9.4 Minerals and Mining Act, 2007 .................................................................................................. 11 2.9.5 Petroleum Act Cap 10, LFN, 2004 .............................................................................................. 12 2.9.6 Environmental Impact Assessment Act, Cap E12, LFN 2014...................................................... 12 2.9.7 National Park Service Act, Cap N65 LFN, 2004 .......................................................................... 13 2.9.8 National Policy on Environment, 1999 ...................................................................................... 13 2.9.9 National Policy on Climate Change, 2012 .................................................................................. 14 2.9.10 National Biodiversity Strategy and Action Plan, 2016-2020 .................................................... 15 2.9.11 The Green Alternative Agricultural Promotion Policy (APP), 2016-2020 ................................ 15 2.9.12 National Renewable Energy and Energy Efficiency Policy (NREEEP), 2015 ............................. 16 3. GUIDING FEATURES OF NIGERIA’S REDD+ FRAMEWORK STRATEGY ..................................................... 17 vii 3.1 Vision ................................................................................................................................................. 17 3.2 Mission .............................................................................................................................................. 17 3.3 Goals ................................................................................................................................................. 17 3.4 Guiding Principles ............................................................................................................................. 17 3.5 Scope ................................................................................................................................................. 18 3.6 Scale .................................................................................................................................................. 18 3.7 Implementation Approach ................................................................................................................ 19 3.8 Process for National Framework Strategy Formulation ................................................................... 19 4. DEVELOPING A REDD+ STRATEGY: GUIDING STEPS ................................................................................ 21 4.1 Assessment of Land Use, Land Use Change Drivers, Relevant Laws, Policies and Governance ....... 21 4.1.1 Assessment of Land Use............................................................................................................. 21 4.1.2 Assessment of Land Use Change Drivers ................................................................................... 21 4.1.3 Assessment of Relevant Policies, Laws and Regulations (PLR) .................................................. 22 4.1.4 Assessment of Governance Structures for REDD+ Implementation .......................................... 23 4.2 REDD+ Strategy Options Assessment ............................................................................................... 27 4.3 Safeguards ......................................................................................................................................... 27 4.3.1 Nigeria’s REDD+ Safeguards ....................................................................................................... 28 4.3.2 Nigeria’s REDD+ Process on Safeguards .................................................................................... 28 4.3.3 Progress to date on addressing and respecting safeguards in Cross River State ...................... 29 4.4 Setting-Up National Forest Monitoring System (NFMS) ................................................................... 32 4.5 Setting-Up the Forest Reference Emission Level (FREL)/Forest Reference Level ............................. 36 4.5.1 General information/pointers.................................................................................................... 36 4.5.2 What is required? ....................................................................................................................... 36 4.5.3 Building blocks to FREL/FRL development at national level ...................................................... 36 4.5.4 Relationship between National Forest Monitoring System (NFMS) and MRV System ............. 38 4.6 Financing Mechanisms ...................................................................................................................... 38 4.6.1 Potential domestic funding sources........................................................................................... 38 4.6.2 Potential continental and regional funding sources .................................................................. 39 4.6.3 Potential multilateral and bilateral funding sources ................................................................. 40 4.6.4 Potential non-profit funding sources ......................................................................................... 42 4.7 Benefit Sharing .................................................................................................................................. 42 4.8 Stakeholder Engagement .................................................................................................................. 43 viii 4.9 Knowledge Management .................................................................................................................. 43 5. STRATEGIC CONSIDERATIONS AT FEDERAL LEVEL .................................................................................. 44 6. REFERENCES ............................................................................................................................................ 46 ANNEX 1: Assessment scores for four (4) key strategic objectives against safeguards criteria based on existing relevant PLR in CRS. ....................................................................................................................... 48 ANNEX 2: Opportunities for PLRs to be Safeguards Compliant to Achieve the Strategic Objectives ......... 50 ix LIST OF TABLES Table 1: Forest management regimes in Nigeria and their management effectiveness. ……………. 6 Table 2: Roles and responsibilities of the various actors at federal level…………………….. ……………. 25 Table 3: Safeguards Principles and Criteria for Nigeria………………………………………………… ……………. 31 Table 4: Potential domestic funding source options for REDD+ in Nigeria………………….. ……………. 39 Table 5: Continental and regional sources of financing and Nigeria’s eligibility………….. ……………. 39 Table 6: Existing, new and emerging multilateral and bilateral funding sources and instruments for REDD+ implementation in Nigeria………………………………………… ……………. 40 LIST OF FIGURES Figure 1: Territorial map of Nigeria showing the 36 states…………………………………………... ……………. 2 Figure 2: Vegetation zones of Nigeria………………………………………………………………………….. ……………. 6 Figure 3: Governance structures for REDD+ implementation at federal level……………… ……………. 24 Figure 4: Overview of linkages in the MRV system between Federal and State levels.…. ……………. 34 Figure 5: Proposed integrated approach to building both Monitoring & MRV Systems in Nigeria/States…………………………………………………………………………………………… ……………. 36 Figure 6: Building blocks for development of FREL/FRL for the national level …………... ……………. 37 Figure 7: Relationship of National Forest Monitoring System and Methodological Arrangements for MRV ……………. 38 LIST OF BOXES Box 1: Objectives of the National REDD+ Framework Strategy………………………………… ……………. 3 Box 2: Nigeria Economy Overview (WB, 2016)…………………………………………………………. ……………. 5 Box 3: Scope Application for Cross River State…………………………………………………………. ……………. 18 Box 4: Scale Application for Cross River State………………………………………………………….. ……………. 19 Box 5: Assessment of Land Use in Cross River State………………………………………………… ……………. 21 Box 6: Assessment of Land Use Change Drivers in Cross River State……………………….. ……………. 21 Box 7: Assessment of Relevant PLR in Cross River State………………………………………….. ……………. 20 Box 8: Assessment of Governance Structures in the Process of Developing CRS’s REDD+ Strategy ……………………………………………………………………………………………. ……………. 23 Box 9: How CRS Assessed its REDD+ Strategy Options……………………………………………… ……………. 27 Box10: Assessing safeguards compliance of relevant PLRS against four (4) key strategic objectives of the CRS REDD+ Strategy…………………………………………….. ……………. 32 Box 11: Summary of AGB, BGB and carbon stocks for different forest types in Cross River State ………………………………………………………………………………. ……………. 37 Box 12: Experiences with benefit sharing at CRS level under different forest management regimes…………………………………………………………………………………… ……………. 43 1 1. INTRODUCTION: BACKGROUND AND BASIS OF FRAMEWORK STRATEGY DEVELOPMENT 1.1 Objectives: Why a National REDD+ Framework Strategy? REDD+ is an effort to create a financial value for enhancing the carbon stored in forests, providing positive incentives for developing countries to reduce emissions from forested lands and invest in low carbon paths to sustainable development with developed countries’ adequate and predictable support. Nigeria is increasingly aware of the issue of deforestation and forest degradation – and the overall degradation of the natural ecological and forest resource base – and how it impacts the livelihoods and economic development in the mid and long terms. An ambitious nationwide presidential initiative on afforestation/reforestation programme, with the use of indigenous tree species and the involvement of rural communities, was launched in 2009 to simultaneously regain forest cover and improve community livelihoods across the country (FRN, 2011). The UNFCCC COP decisions highlight the central role that national governments have in designing and implementing REDD+ programmes, i.e., a National Strategy/Action Plan is to be developed and implemented by national governments. For this to succeed, national-level policy reforms and measures that tackle the main drivers of deforestation and forest degradation are essential to efficiently catalysz, coordinate and support subnational efforts and public and private actors, as well as to ensure the overall coherence of policies and measures. REDD+ should be designed and implemented with the full engagement of all relevant stakeholders, including those who benefit from forests or whose activities impact forests, as well as their political and customary leaders at various levels of governance. These strategies should also identify who will be responsible for implementing the policies and measures. In 2009, Nigeria requested support of the UN-REDD Programme to develop and advance REDD+ in the country. The UN-REDD Programme provided intensive policy, technical and planning support from 2010-2012, which resulted in a national programme document (NPD) for REDD+ which drew from the Nigeria REDD+ Readiness Preparation Proposal – R-PP) and had the following proposed outcomes: 1. Improved institutional and technical capacity at the national level; 2. Framework for REDD+ expansion across Nigeria prepared; 3. Institutional & technical capacity for REDD+ in Cross River State strengthened; and 4. REDD+ readiness demonstrated in Cross River State. Nigeria has a three-tier government structure comprising the Federal Government, 36 State Governments and 774 Local Government Areas (LGAs) (Figure 1). The main forest management regimes consist of National Parks – 4 000 km2 (Federal jurisdiction), Forest Reserves – 270 km2 (State jurisdiction) and Community Forests – 160 km2 (de facto community jurisdiction but really controlled by state governments). In essence, the majority of forest areas in Nigeria, including open areas, forest reserves and community forests, are under the official jurisdiction of State Governments. Therefore, REDD+ activities will occur and be managed at state level. Nigeria has taken a sub-national approach as follows and looks to CRS for the following: 2 • Starting REDD+ implementation at a subnational scale can test approaches and tools. The setting of the scale could be influenced by the types of actions, the scale of the DDFD and the potential of the ‘+’ activities, as well as by the administrative arrangements; • A country’s FREL/FRL should be established at the national scale, but may be established on an interim basis only on a subnational scale, as in CRS, as an interim measure, while transitioning to a national FREL; and • CRS will provide subnational monitoring and reporting as an interim measure up to the federal structure, and Nigeria will include monitoring and reporting on how displacement of emissions is being addressed, and on the means to integrate subnational monitoring systems into a national monitoring system. Figure 1: Territorial map of Nigeria showing the 36 states. This national REDD+ framework strategy provides guidance to states intending to engage in REDD+ development outlining the steps and considerations they will need to take into account. While there is no standard guideline for the development of a national/state REDD+ strategy, a review of the literature reveals the importance of evaluating and analyzing the following elements: i) Drivers of deforestation and forest degradation, and the underlying causes; ii) Available range of strategy options to address these drivers; and 3 iii) Policies, institutions, and governance mechanisms that can be reformed, coordinated and synergized to effectively address the drivers while linking these efforts to meeting national development objectives. The national REDD+ framework strategy also needs to support the policy and institutional frameworks for the establishment and operationalization of systems and modalities deemed crucial for REDD+ strategy implementation. The key elements integral to the national REDD+ strategy include: i) Forest reference level/reference emissions level (RL/REL); ii) Monitoring, reporting and verification (MRV) system; iii) Financing mechanism; iv) Assessing and addressing social and environmental safeguards; v) Clarification of forest tenure and carbon rights; and vi) Ensuring equity in benefit sharing mechanisms. The elaborated framework structure attempts to clarify the intent of the national REDD+ framework strategy, explain the basic requirements derived from experiences from Cross River State, literature review, and further build upon the elements documented in the Readiness –Preparation Proposal (R- PP). This report also elaborates on the content of the sections and sub-sections providing step-by-step guidance on how to develop a REDD+ Strategy. The draft framework structure was presented in national and regional stakeholder consultation meetings in Abuja and Cross River State. After each consultation meeting, improvements in the document were made based on the outcomes of the national and regional stakeholder consultations. Box 1: Objectives of the National REDD+ Framework Strategy a. To provide step-by step guidance to States willing to implement REDD+ and also highlight data and reporting requirements at both national and state levels. b. To provide information for replication of the experiences from Cross River State (CRS) across Nigeria's other states willing to engage in REDD+ with a particular emphasis on preventing leakage/reduce the risks of displacement of carbon emissions from deforestation and forest degradation. c. To facilitate the dissemination of experiences and results from CRS (as the first State to develop a sub-national State Strategy pilot) to other interested states on strategy development and lay the foundations for expansion to other states across Nigeria on overall readiness. d. To provide the foundation and vision that Nigeria can build on in future, drawing from other States that may be developing REDD+ strategies in future, and then aggregating the lessons and experiences to update this framework. e. To offer guidance to states on how to use this framework to assess what it will take to initiate and implement some of the activities required to develop a strategy as part of their REDD+ readiness process; and f. To facilitate Nigeria’s communications to the UNFCC on its NDC and REDD+ activities. 4 2. SITUATION ANALYSIS 2.1 Overview Nigeria is the most populous nation in Africa, with a population of over 140 million in a surface area of approximately 1.26 million km2. Nigeria is a federal republic, with 36 states and the federal capital territory, with a highly decentralized dynamic such that the states have important policy, regulatory and public investment competencies, including forest management. It is a large country with a wide range of ecological habitats and diverse cultures, and a complex socio-economic and political dynamic. Nigeria's forests, extending over 6,993,000 hectares (7.7% of total land area), have been rapidly declining over the past few decades primarily due to agricultural extensification (subsistence and commercial) timber extraction (mostly unregulated), infrastructure development and fuelwood extraction (NSRDA and FAO, 2015)1. The annual deforestation rate is estimated at 3.7%, considered among the highest in the world (NSRDA and FAO, 2015; FRN, 2011)2. Over 50% of the remaining tropical high forests are located in a single state: Cross River State (CRS). Yet forest resources of different types, from savannah forests to mangroves, are still found across Nigeria, albeit with high fragmentation and ongoing pressures (FRN, 2011). 2.2 Demography, location and social context Nigeria is Africa’s most populous nation with an estimated population of about 140 million and located between latitude 40˚ and 140˚ north of the equator and longitudes 30˚ and 140˚ east of the Greenwich Meridian (Adewale, 2011)3. The country lies entirely within the tropical zone. It occupies about 910,770 km2 (about 3% of Africa’s landscape) (FAO, 2015)4. The country is bounded by the Atlantic Ocean in the South, the Republic of Benin to the West, the Republic of Cameroon to the East and the Republic of Niger and Chad to the North. It is endowed with a wide spectrum of ecological biomes ranging from the 857 km stretch coastal marine ecosystem in the south, through a belt of the Guinean Rainforest zone, an extensive Guinea Savanna woodland, the Sudan Savanna grassland and a dry Sahel scrubland threatened with the fast expanding influence of the Sahara desert in the north (Adewale, 2011). The country’s two main river systems, the Benue and the Niger and their associated tributaries, form a huge network of hydrological systems and wetlands. The country also has a broad spectrum of socio-cultural diversity comprising about 250 ethnic groups spread across the 774 Local Government Areas (LGAs) in 36 States and a Federal Capital Territory located in Abuja in the central part5). According to the United Nations, at 5.5 children per woman, Nigeria has one of the highest growth and fertility rates in the world6. By 2050 the population is projected to reach 398 million and to grow to between 505 million and 1.03 billion people in 2100, up from 33 million people in in 1950. 1 NSDRA and FAO. 2015. Study on the drivers of deforestation and forest degradation in Cross River State. October 2015. 2 FRN. 2012. National Programme Document: Nigeria’s REDD+ Readiness Programme 2012-2014. UN Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries. 3 Adewale, Aregbeshola R. 2011. The Political, Economic and Social Dynamics of Nigeria: A Synopsis. AISA POLICY brief Number 39 – February 2011. 4 FAO. 2015. Global Forest Resources Assessment 2015. Food and Agriculture Organization of the UN. Rome, Italy. 5 Nigeria REDD+ Readiness Preparation Proposal (R-PP) 2013. Pp. 26-27. 6 reference: https://www.naij.com/535169-world-2050-nigeria-ranked-fourth-new-un-report.html 5 2.3 The socio-economic landscape The economic outlook for Nigeria is both challenging and promising. While the political economy of the country is increasingly investor-friendly, the state of the country’s infrastructural development still needs attention. Nigeria rates far better than most sub-Saharan African countries in terms of business constraints with a GNI per capita of US$ 2,950 (World Bank, 2016 – Box 2). The main challenges lie in electricity supply, access to private finance and transportation and infrastructural and institutional inefficiencies. The energy sector is the driving force of Nigerian economy. The country is the largest oil- producing country in Africa. However, this sector, being the nerve centre of the economy, has witnessed many challenges that precipitated a series of reforms – mainly regulatory leading the country into economic recession. While the country has great potential to increase oil production and thrive even at the current global low oil prices, it is not possible to do so due to protracted and violent local conflicts in the north where most of the oil is supposed to be produced. Other sectors like real estate, infrastructure and construction have great potential and current government policies promote private sector investment. However, Nigeria has yet to come out of recession for these sectors to boom and has seen a decline in mining and utilities over the last decade though it started off initially from a very high base where mining and utilities contributed 44% of GDP (Bhorat et al. 2016). Box 2: Nigeria Economy Overview (WB, 2016) Region: Sub-Saharan Africa Income category: Lower middle income Population: 178,516,904 GNI per capita (US$): 2,950 DB2015 rank: 170 Change in rank: 1 DB 2016 DTF: 44.69 DB 2015 DTF: 43.56 Change in DTF: 1.13 2.4 Forest Resources and their Management Nigeria contains a rich series of climatic and vegetation zones across landscapes (Figure 2), resulting in diverse range of habitats, from desert zones in the northeast to tropical rain and swamp forests along the south coast. According to the latest assessment by FAO (2015)7, Nigeria’s forests and woodlands currently cover about 6,993,000 hectares (7.7% of total land area). The country is endowed with rich biodiversity – some 4,600 plant, 839 bird and 274 mammal species. The Gulf of Guinea’s forests stretch into southern Nigeria: these forests are recognized as a global biodiversity hotspot. There are 22 primate species, including threatened and endangered species such as the Cross River Gorilla, Drill and Preuss’s Guenon monkey. A review of the latest FRA data by Maplecroft, a risk analysis company, identified Nigeria as having the highest deforestation rate in the world at 3.7%, with an accompanying rating of "extreme risk" (FRN, 2011). The major vegetation types are rain forests, mangroves, swamp forests, tropical high forests (montane) and savannah woodlands (Figure 2). A review of the management effectiveness of the different forest management regimes in Nigeria revealed that apart from NPs, the rest were ineffectively management (FRN, 2011) (Table 1). This is compounded by inadequate human and financial resources to execute 7 FAO. 2015. Global Forest Resources Assessment 2015. Food and Agriculture Organization of the UN. Rome, Italy. 6 enforcement and administrative mandates and lack of community and other stakeholder participation in the management of the forest resources (Matakala and Okonofua, 2016). Figure 2: Vegetation Zones of Nigeria Table 1: Forest Management Regimes in Nigeria and their Management Effectiveness Management Regime Description of Management Conservation Status and Management Effectiveness Forest Reserves (FRs) About 445 gazetted reserves (~29% of forest cover). Established for the supply of timber. Collection of NTFPs is permitted as well as hunting. Variable, majority are heavily degraded with no management plans, and ineffective protection. National Parks (NPs) There are 7 of these (~ 28% of forests cover). Established for the protection of biodiversity and tourism. No hunting or collection of NTFPs allowed. Relatively well managed compared to forest reserves. Game Reserves (GRs) and Wildlife Sanctuaries (WSs) There are 23 of these. Established for the sustainable management of wildlife with controlled hunting. No timber extraction permitted. Mostly degraded with no management plans and ineffective protection. Strict Nature Reserves (SNRs) There are 8 of these. Strict protection with no use of any type allowed other than scientific research. Most are small (between 19 and 460 ha), and degraded with ineffective protection. Plantations Often within FRs. Planted forests, mostly exotics, e.g., teak, Gmelina, rubber, etc. Variable, most are without management plans. Community Forests (CF)/ Open Areas Depends upon community bye-laws. Most allow all uses including timber extraction and clearing for farmland but some have controlled use of some forest products. Variable mostly degraded except in the more inaccessible parts of the country. Source: FRN, 20118 8 FRN. 2011. National Programme Document: Nigeria’s REDD+ Readiness Programme 2012-2015. UN Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries. 7 2.5 Forestry Contribution to the National Economy The forestry sector plays an important role in the Nigerian economy in the provision of goods and ecosystems services, and contributes to the sustainability of the environment. The sector offers opportunities for sustainable livelihoods and poverty eradication in the country, particularly in rural areas where the majority of the people live. Forestry products contribute about 0.41 percent to the total Gross Domestic Product at 2013 basic price (FRN, 2014)9. However most of the forest goods are traded in the informal sectors and not properly accounted for in the national accounting system. The intangible environmental, social and cultural services provided by the sector are also not reckoned in the accounting system. The sector plays a major role in the rural economy through the provision of Non- Timber Forest Products (NTFPs) and also accounts for a high proportion of domestic energy (over 70% of the energy needs in the rural areas), forest source foods and medicines to the rural population (and increasingly the urban population). Fuelwood accounts for over 50% of overall energy consumption in the country and is the dominant source of energy in the domestic sector (FRN, 2015)10. There is currently no recent data at Federal level to estimate forest cover change and attribute loss of forest to each of the key drivers. 2.6 Drivers of Deforestation and Forest Degradation in Nigeria Drivers of deforestation and forest degradation in Nigeria have been documented from multiple sources (FRN, 2011; NSRDA and FAO, 2015; Muthui and Adedoyin, 2016). As in all countries experiencing deforestation, the drivers of deforestation and forest degradation in Nigeria are complex, multifold and multi-layered. Agricultural expansion is believed to be the dominant driver (from subsistence and commercial agriculture), according to land use information. For example, an assessment of vegetation and land use change between 1976/78 and 1993/95 noted that there was a significant increase in the areas of agriculture – all types of agriculture identified had grown by a total of 84,073 km2. Similarly, grazing land is also expanding – its area increased from 18.3 percent of Nigeria in 1976/78 to 20.06 percent in 1993/95. Available data suggests these trends have continued into the present day (FRN, 2011). Other causes include fuelwood collection and production (firewood and charcoal), timber harvesting (mostly illegal), mining and infrastructure development. These direct impact factors are driven by underlying governance, macro- economic and capacity issues. Nigeria is a Federal Republic with a high degree of autonomy at the state level. The Federal Ministry of Environment sets national policies, but responsibility for the implementation of forest and land management lies with each of the country’s 36 states, each of which has its own forestry and related land management laws guided by those at federal level (FRN, 2011). At the state level, management capacity of the state forestry departments and local organizations is mostly low, with poor funding, low staff morale, limited technical training and often high levels of government corruption (FRN, 2011). Land tenure laws of Nigeria are somewhat moot on formally recognizing community tenure. Federal, State and local governments in the forest sector have inadequate capacity and training. They also lack equipment and other resources for forest management (FRN, 2011). Other important factors include: the ban on timber export which depresses the price of timber within the country (driving up its demand) and high revenue targets for states that promote 9 Federal Republic of Nigeria (FRN). 2014. Nigeria’s Second National Communication under the United Nations Framework Convention on Climate Change (UNFCCC). FGN, 2014. 10 Federal Republic of Nigeria (FRN). 2015. Nigeria: Fifth National Biodiversity Report Submitted to the UNCBD Secretariat. FGN, December 2015. 8 over-harvesting of timber rather than sustainable management of forests. Across the states, poor conservation and poor enforcement of forest laws, policies and regulations also drive deforestation and forest degradation (FRN, 2011). 2.7 REDD+: An Opportunity for Nigeria REDD+ presents an opportunity for Nigeria to respond to climate change, linking national commitments to global standards and requirements such as COP 16 (Cancun Safeguards), COP 19 (Warsaw Framework), COP 21 (Paris Agreement) and COP 22 (Marrakesh) on climate finance and completion of national roadmaps. These agreements provide the overall guidance for countries including Nigeria to create a national framework to facilitate REDD+ in the country and to carry out REDD+ activities regulated at a jurisdictional level (national and sub-national levels, as the case maybe). Among potential opportunities arising from REDD+ for Nigeria include: a. Improved forest governance structures and transparency; b. Reformed Policy, Legal and Regulatory (PLR) framework to address drivers of deforestation and forest degradation; c. Strengthened capacities and technology transfer; d. Improved stakeholder engagement in forest decision-making; e. Mobilization of climate finance; f. Generation of co-benefits; g. Clarity on Benefit Sharing (BS) and Grievance Redress Mechanisms (GRM); h. Promotion and support of social and environmental safeguards; and i. Definition and submission of Reference Scenario and the National Carbon MRV system, etc. 2.8 Nigeria’s Journey Towards REDD+ In 2009, Nigeria and CRS requested support of the UN-REDD Programme to develop and advance REDD+ in the country. The UN-REDD Programme provided intensive policy, technical and planning support from 2010-2012, which resulted in a national programme document (NPD) for REDD+ which drew from the Nigeria REDD+ Readiness Preparation Proposal – R-PP). It was the result of extensive stakeholder consultations, technical analyses, UN advisory missions and field surveys, and it was approved by the UN-REDD Policy Board – after due international reviews – in 2012, with a financial allocation of US$ 4 million for the period 2012-201511 (National Programme Document, NPDR-PP 2011 for a part of these outcomes ). It was envisaged that the Nigeria REDD+ Readiness Programme would follow a two-track approach to achieve REDD+ readiness in Nigeria, based on: (i) the development of institutional and technical capacities at Federal level, and (ii) carrying out intense institutional, strategy-building and demonstration activities in Cross River State. The goal of the Nigeria REDD+ “readiness” program was to enable the country to contribute to climate change mitigation through improved forest conservation and enhanced sustainable community livelihoods. REDD+ will support Nigeria’s effort to contribute to climate change mitigation in the forest sector, with the initial work carried out in Cross River State, which is the State that has demonstrated the political will, a track record in community forest management and an engagement in forest conservation, aside from having a relatively high forest cover. The objective has been therefore to build the REDD+ 11 In the last quarter of 2014, the Programme Steering Committee (PSC) approved a no-cost extension, from the original end date of February 28, 2015 to December 31, 2016 9 mechanism in Nigeria, using Cross River State as a demonstration model through four closely related components, two targeting the Federal level and two targeting Cross River State: 1. Improved institutional and technical capacity at the national level; 2. Framework for REDD+ expansion across Nigeria prepared; 3. Institutional and technical capacity for REDD+ in Cross River State strengthened; and 4. REDD+ readiness demonstrated in Cross River State. This Framework Strategy demonstrates how national capacity has been set up to manage REDD+, and provides the framework for REDD+ expansion across Nigeria to pave the way for expanding and up- scaling REDD+ across the country. Being a vast country with a federal structure and complex challenges to address deforestation, the UN-REDD+ support is clearly insufficient. Accordingly, Nigeria also submitted in 2009 a request for membership to the FCPF, in order to broaden the international partnership and support for REDD+ Nigeria as well as consolidate federal-level REDD+ readiness and to expand the lessons from Cross River State to other interested states in the federation. Over time and with additional funds, the expectation is that at least two more states will join a full-fledged REDD+ readiness process in 2016 or 2017. Nigeria’s Intended Nationally Determined Contribution (INDC) to the UNFCCC in 201512 commits Nigeria to 20 per cent unconditional and 45 per cent conditional Greenhouse Gases (GHGs) emission reduction post 2020 – a fair and meaningful contribution to address climate change. Executive Summary Nigerian INDC 271115.pdf. As a pilot, Cross River State’s REDD+ Strategy is intended to inform the national strategy and serve as a model for other states – a platform for learning and structural planning for REDD+ preparedness and implementation in other parts of Nigeria. Two states earmarked and planned for REDD+ implementation are Nasarawa and Ondo. As a pilot, Cross River State’s REDD+ Strategy is intended to inform the national strategy and serve as a model for other states such as Nasarawa and Ondo – a platform for learning and structural planning for REDD+ preparedness and implementation. With funding from the UN-REDD National Programme, a Cross River State-based structure for implementation of REDD+ was put in place (CRS REDD+ Unit) and produced a Cross River State Sub-national Strategy (Matakala, 2016). In order to reach this milestone a number of studies were conducted, and stakeholder consultations held. The commissioned studies included: a. Finance, Incentives and Benefit Sharing; b. Natural Resource Management and Sustainable Forest Management; c. Assessment of Policy, Legal and Regulatory (PLR) Enabling Environment; d. Private Sector Engagement and Roles; and e. Knowledge Management and Products. The results from the above analytic works and those from past studies were used to develop an “Issues and Options” report which was subjected to stakeholder validations at both federal and CRS levels. The in-depth studies in CRS and consultations were the key inputs for the CRS Strategy which contains strategic interventions to be taken in CRS. This National REDD+ Framework Strategy draws from lessons 12 According to Article 4 paragraph 2 of the Paris Agreement, each Party shall prepare, communicate and maintain successive nationally determined contributions (NDCs) that it intends to achieve. Parties shall pursue domestic mitigation measures, with the aim of achieving the objectives of such contributions. file:///C:/Users/PWM/Desktop/NIGERIA%20STRATEGIES%20FINAL/Executive%20Summary Nigerian%20INDC 271115.pdf file:///C:/Users/PWM/Desktop/NIGERIA%20STRATEGIES%20FINAL/Executive%20Summary Nigerian%20INDC 271115.pdf http://unfccc.int/files/home/application/pdf/paris agreement.pdf http://unfccc.int/files/home/application/pdf/paris agreement.pdf 10 learned during the process of developing the CRS REDD+ Strategy to inform other States intending to engage in REDD+ implementation. The analysis of the PLR framework was conducted at both State and Federal levels. The analysis identified both gaps and opportunities to be considered both at federal and CRS levels. Legal and regulatory framework emerges to support REDD+ in Nigeria and to largely provide an enabling framework to undertake REDD+. 2.9 Existing Policy, Law and Regulatory (PLR) Framework Supportive of REDD+ Implementation Preparatory studies provided detailed analysis of existing PLR framework relevant to REDD+ at both Federal and CRS levels during the REDD+ Strategy development process for CRS. PLR arrangements to support REDD+ implementation at the Federal level are as follows; 2.9.1 Draft Bill for a National Forest Act, 2003 The bill sets out to provide for the establishment, conservation, sustainable management of the nation’s forest resources and its rich biodiversity in conformity with local, national and international processes and initiatives on global forests and environment. The bill is significantly responsive to the REDD+ five activities. It hinges on the principles of sustainable forest management (SFM) of forest resources in and outside forest reserves. It recognises the rights of local communities to fair and equitable sharing of benefits derived from genetic resources and prescribed the requirement of prior informed consent of communities for access to biological resources outside forest reserves. It further provides for the recognition and protection of local communities’ traditional knowledge, cultural heritage and intellectual property outside forest reserves. The Bill also provides for private sector participation in forestry development programmes and the establishment of a National Forestry Trust Fund at the Federal Level. The fund is to facilitate the promotion and financing of forestry development projects and programmes as a sustainable source of funding. The Bill further seeks to promote the participation of women and youths in sustainable forest resources management and utilization. It is, however, silent on equity and fairness in mainstreaming gender issues into SFM which should be adequately reflected in the draft bill before enactment into law. 2.9.2 National Forest Policy, 2006 The National Forest Policy is the overarching framework on forestry development in Nigeria. The overall objective of the policy is to achieve sustainable forest management that would ensure increases in the economic, social and environmental benefits from forests and trees for the present and future generations including the poor and vulnerable groups. The policy promotes and supports the decentralization of roles and functions amongst stakeholders (public, private, NGOs, including, Community Based Organizations (CBOs) and civil society), towards the attainment of sustainable management of forests. The policy recognizes the environmental functions of forests in carbon capture and carbon sequestration and the need to employ the international financial mechanisms to enhance the carbon stocks. It promotes helping citizens, especially the rural communities and forest dependent persons to better adapt to climatic change, and to benefit from emerging carbon markets. The policy instrument contains strategies for carbon trading, benefit sharing, tree ownership and accessing carbon credit within the framework of the Clean Development Mechanism of the Kyoto Protocol. The policy in general, is supportive of REDD+ implementation. 11 2.9.3 Land Use Act Cap 202 LFN 1990 Cap L5 LFN 2004 The Land Use Act (LUA) is the principal law in Nigeria regulating the use and access to all lands in the country. By virtue of Section 1 of the LUA, all lands in Nigeria are under the control of the respective State Governors. The section provides that “subject to the provisions of this Act, all land comprised in the territory of each state in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of the Act”. The Federal Government does not play a major role in land administration other than in relation to federal land acquired before the enactment of LUA and such other lands as may be acquired under the Act or any other enabling legislation. National Parks (NPs) are also under the jurisdiction of the Federal Government. Other Acts relating to land acquisition for federal projects within the context of LUA include: the Minerals and Mining Act, 2007; (ii) Oil pipelines Act, Cap 07 LFN 2004; and (iii) Electric Power Sector Reform Act, No. 6 of 2005. Local Governments are not vested with power of administration of land in the urban areas. They are responsible for the control and management of land in non-urban areas over which they have the power to grant customary rights of occupancy. The power is exercised subject to the type of use and a limitation on the size of land, above which there is reversion to the Governor of the State. The Governor, however, retains overriding powers over all lands in the state. Therefore, all lands in Nigiera are under the control of the respective State Governors except for lands under federal jurisdiction. The Federal Government does not play a major role in land administration other than in relation to federal land acquired before the enactment of LUA and such other lands as may be acquired under the Act or any other enabling legislation. National Parks (NPs) are under the jurisdiction of the Federal Government. Other Acts relating to land acquisition for federal projects within the context of LUA include: the Minerals and Mining Act, 2007; (ii) Oil pipelines Act, Cap 07 LFN 2004; and (iii) Electric Power Sector Reform Act, No. 6 of 2005. Local Governments are not vested with power of administration of land in the urban areas. They are responsible for the control and management of land in non-urban areas, i.e., LGAs, over which they have the power to grant customary rights of occupancy. The power is exercised subject to the type of use and a limitation on the size of land, above which there is reversion to the Governor of the State. The Governor retains overriding powers over all lands in the state except for those under federal jurisdiction. In essence, the State has overall jurisdiction over land in a State (through the Governor) and can exercise the right of de-reservation – simply decide to change the land use type. This is in exception of federally designated lands and jurisdictions. 2.9.4 Minerals and Mining Act, 2007 The Minerals and Mining Act LFN 2007 is the principal law on the mining sector in Nigeria. Mining and minerals are in the Exclusive Legislative List of the 1999 Constitution, hence only the Federal Government has the authority to grant mining permits or licences. The Act gives superior rights to use land for mining purposes over the statutory right of occupancy or customary ownership of such land. It provides that the use of land for mining operations shall have priority over other uses of land, as it constitutes an overriding public interest within the meaning of the Land Use Act. Mining activities, if conducted in an eco-unfriendly manner, lead to the clearing of vegetation and could significantly compromise the implementation of REDD+ activities in an area where a mining licence/permit has been granted. According to the provisions of the Mining Act, a mining cycle, based on the term of licence/permit, is a minimum of twenty-five years in the first instance before renewal, 12 while that of quarrying is 5 years. Therefore, it is desirable that mining activities should incorporate offset planting of trees as part of the mitigation measures at the commencement of activities, which is not presently the case. That will be in addition to the requirement for reclamation at closure. Some provisions of the Act promote and support REDD+ activities and the Cancun safeguards. Such responsive provisions include: a) Exclusion of lands constituting National Parks from minerals exploration and exploitation (Section 3); b) Prohibition of mineral exploration in sacred areas or injury or damage to sacred/venerated trees (Section 98); c) Restoration and reclamation of mined lands (Sections 114 & 115); d) Requirement for Environmental Impact Assessment (EIA) before the grant of license or permit (Section 119); and e) Establishment of Environmental Protection and Rehabilitation Fund (Section 121). However, the Act is silent on the exploration and exploitation of minerals and mining within forest reserves and other ecologically sensitive areas or critical ecosystems which are under the control and management of the State Government. Overall, the Minerals and Mining Act is moderately responsive to REDD+ implementation. 2.9.5 Petroleum Act Cap 10, LFN, 2004 There are also several federal statutes regulating oil exploration, prospecting and mining in Nigeria. The Petroleum Act 1969 is the principal law on the industry with subsidiary legislation enacted under it. Some of the permits/licences granted under the regulatory framework in the petroleum industry include Oil Pipeline Survey Permit, Oil Pipeline Licence, Oil Prospecting Licence and Oil Mining Lease. These permits/licences have implications for the ecosystem. The Environmental Guidelines and Standards for the Petroleum Industry in Nigeria (EGASPIN) elaborate on environmental standards and safeguards applicable in the petroleum industry in the country. These are in addition to the provisions in the Environmental Impact Assessment Act for projects in the oil and gas industry. The identified gaps with respect to considerations for ecosystem health and integrity in relevant instruments are: a) Inadequate framework for biodiversity considerations in the petroleum industry activities; b) Lack of public access to EIA documents, measures to ensure that mitigation measures have been put in place, etc. approved EIAs and Environmental Impact Statement. c) No stakeholder participation in compliance monitoring of the environmental management plan. d) Need to address processes to ensure transparency, independence and information sharing REDD+ implementation provides the opportunity to address these gaps. Notwithstanding, the guidelines and standards are reasonably REDD+ smart. 2.9.6 Environmental Impact Assessment Act, Cap E12, LFN 2014 The Act sets out the general principles, procedures and methods to enable the prior consideration of environmental impact assessment on certain public or private projects. It further provides that before a decision is taken to undertake or authorize the undertaking of any activity; those matters that may likely or to a significant extent affect the environment or have an environmental effect on those activities shall first be taken into account. There are nineteen thematic areas of mandatory study activities. The drivers of deforestation and forest degradation for which mandatory study is required include agriculture, 13 infrastructure, logging and conversion of forest to other land use, mining and housing. Environmental sensitivity and the area coverage of a project are some of the criteria for an EIA. The Act supports REDD+ implementation in the country and valuable in promoting the adherence to REDD+ principles and safeguards in projects touching on the forests, including measures to mitigate impacts of drivers of deforestation and forest degradation in land use sectors. The EIA process provides for public display of draft EIA report as well as public review. This process strengthens stakeholder participation and public access to information by concerned people and other stakeholders. It also provides for the establishment of a public registry for all EIAs to enhance transparency and accountability. The main gaps identified in the EIA process, include: a) No clear sectoral guidelines on criteria and indicators or elaborated parameters for assessing ecosystem values in EIAs for mining/quarrying rights and other land use sectors activities that impact on forests; b) General complaint of lack of public access to approved EIAs and Environmental Impact Statement; and c) No stakeholder participation in compliance monitoring of the environmental management plan. The EIA Act is under-going review. In the draft revision document, provisions have been made for the conduct of strategic environmental assessment of projects. Also, more stringent measures have been imposed on proponents. For example, the area of forest likely to be impacted by an activity needs to have a mandatory study demonstrating how the environmental and social negative impacts would be addressed/substantially reduced. The Act is REDD+ smart to a very significant extent. 2.9.7 National Park Service Act, Cap N65 LFN, 2004 The Act established the National Park Service (NPS), with mandate for the preservation, enhancement and protection of wild animals, plants and other types of vegetation in the National Parks (and for matters connected therewith. Cross River National Park is one of the seven NPs managed under the Act. Protected areas for biodiversity management could overlap with potential REDD+ activities insofar as habitat for flora and fauna can be preserved while also reducing the emission of greenhouse gases. The Cancun Safeguards provide that REDD+ activities take into account the multiple functions of forests and other ecosystems and be consistent with the conservation of natural forests and biological diversity. The objectives of the Act support the implementation of REDD+ in Nigeria. The Act is REDD+ smart. 2.9.8 National Policy on Environment, 1999 In response to the various environmental issues, Nigeria developed several sectoral policies on environment with strategies and framework of actions. The National Policy on Environment defines the framework for environmental governance in the country. The policy identifies key sectors requiring integration of environmental concerns and sustainability with development. The goal of the policy is to achieve sustainable development and seeks in particular to: a) Enhance the quality of the environment; b) Promote the sustainable use of natural resources; c) Restore and maintain the ecosystem and ecological processes and preserve biodiversity; d) Raise public awareness and promote understanding of linkages between environment and development; and 14 e) Cooperate with government bodies and other countries and international organizations on environmental matters. The policy elaborates on issues of cross-sectoral coordination and strategies. The full content of the Warsaw Framework and some other aspects of the Cancun Safeguards which were not in issue in 1999 should be addressed when the opportunity for a review comes up. The policy supports and promotes the implementation of REDD+ and it is highly REDD+ smart. 2.9.9 National Policy on Climate Change, 2012 The strategic goal of the Climate Change policy is to foster low-carbon, high growth economic development and build a climate resilient society through the attainment of the following objectives: a. Implement mitigation measures that will promote low carbon as well as sustainable and high economic growth; b. Enhance national capacity to adapt to climate change; c. Raise climate change related science, technology, research, and development to a new level that enables the country to better participate in international scientific and technological cooperation on climate change; d. Significantly increase public awareness and involve private sector participation in addressing the challenges of climate change; and e. Strengthen national institutions and mechanisms (policy, legislative and economic) to establish a suitable and functional framework for climate change governance. The policy elaborates on adaptation and mitigation programmes and actions in key sectors including energy, agriculture, water, transport and human settlement. On the forestry and land use sector, the policy direction is the promotion of sustainable forestry and land use that are able to respond to the challenges of climate change. The strategy is to develop and implement a Forestry Development Programme within the context of an Integrated Land Use Planning framework for sustainability including the promotion of ecosystems integrity and environmental goods and services as well as carbon capture. The integrated land use planning framework is not yet in place. This would help achieve the REDD+ objectives. However, the policy advocates the development and implementation of forestry development in the following activity areas: a. Increase forest cover through afforestation, reforestation and prevention of deforestation. b. Ensure the enforcement of forestry laws and regulations; c. Enhance carbon density of plot and landscape levels through rehabilitation of degraded areas and increased tree planting activities, and promotion of agroforestry; d. Encourage sustainable forest management for integrated vulnerability reduction; e. Adopt fiscal and regulatory measures towards reducing wood utilization particularly in construction and charcoal production; f. Improve governance in forestry resource; g. Ensure the sustainable use of forest resources to contribute to the livelihood of the rural communities as they adapt to climate change; and h. (viii) Promote sustainable forestry, that will enable Nigeria benefit maximally from the potential of REDD+ and at the same time adequately protect individuals and communities whose traditional forest based incomes would be impacted. In the elaboration of the policy, there was no specific reference to REDD+ safeguards and Warsaw Framework as these two instruments were not developed at the time that the Climate Change Policy 15 was approved. However, within the context of REDD+ implementation, the policy strategies/activities contain the essential REDD+ elements across the various relevant sectors. Overall, the Climate Change Policy is REDD+ smart. 2.9.10 National Biodiversity Strategy and Action Plan, 2016-2020 The Cancun Safeguards seek that REDD+ activities take into account the multiple functions of forests and other ecosystems and that they are consistent with the conservation of natural forests and biological diversity. Nigeria has developed the NBSAP 2016–2020, to guide the conservation and sustainable utilization of biodiversity, access to genetic resources and the fair and equitable sharing of the benefits arising from their utilization. NBSAP provides information on biodiversity and their threats and analyses institutional and legal frameworks that govern biodiversity issues in Nigeria. It makes direct references to deforestation, forest degradation and conservation of biodiversity. As such, it covers the same land use types considered in the REDD+ Strategy – National Parks, Forest Reserves, Community Forests, Open Areas, Agricultural lands (for agro-biodiversity), Wetlands and other aquatic ecosystems. NBSAP provides sectoral actions for mainstreaming biodiversity into national development, poverty reduction and climate change activities. It also elaborates on programme and actions for the conservation of Nigeria’s biological diversity and its sustainable use by integrating biodiversity considerations into national planning, policy and decision-making processes. NBSAP provides frameworks for addressing – a) Biodiversity conservation; b) Sustainable use of biological resources; c) Equitable sharing of benefits arising from the utilization of biological resources; d) Conservation of agro- biodiversity; e) Biosafety; and f) Biodiversity-industry interface. These are aimed at improving the quality of the biological ecosystems and the positive role in carbon cycle and global climate change phenomena. NBSAP is REDD+ smart. 2.9.11 The Green Alternative Agricultural Promotion Policy (APP), 2016-2020 Agriculture is a significant driver of deforestation and forest degradation in Nigeria, both at the level of small-holder farmers and large scale production. Agricultural initiatives and programmes traditionally result in significant incursion into the forestry frontiers in meeting the demand for land. The Green Alternative Agricultural Promotion Policy (APP) aims at solving the core issues at the heart of limited food production and delivery of quality standards for the country’s food production value chain as well as increasing export earnings through the involvement of and partnership building among all key stakeholders. It builds on the successes of the Agriculture Transformation Agenda (2011–2015). The policy thrust of APP includes focusing policy instruments on the sustainability of the use of natural resources (land and soil, water and ecosystems) with the future generation in mind while increasing agricultural production, marketing and other human activities in the agricultural sector. The policy is also based on inclusiveness and participation of all Key stakeholders. The policy thrust promotes climate smart agriculture through the following strategies: a. Increasing public awareness on climate smart agriculture; b. Improving management of land, water, soil and other natural resources; 16 c. Strengthening of Institutional linkages and partnerships for ensuring climate smart agricultural governance, policies, legislations and financial mechanisms; d. Conducting Environmental impact assessment on major agricultural projects; e. Promoting the use of renewable energy with the involvement of private sector; f. Government facilitating the production and use of soil map to improve land use and management practices; and g. Government promoting the increased adoption of global best practices in handling climate change, including the aspects of adaptation, mitigation and carbon credit. Overall, the APP is REDD+ smart despite minor gaps. 2.9.12 National Renewable Energy and Energy Efficiency Policy (NREEEP), 2015 NREEEP was approved by the Federal Executive Council for the Electricity Sector on 20th April, 2015. The policy is aimed at driving the development of electricity generation from biomass through the implementation of the following national strategies which are REDD+ smart: a. Effectively harness biomass resources and integrate them with other energy resources for electricity generation; b. Promote the use of efficient biomass conversion technologies; c. Encourage the use of waste wood as a source of electricity in the nation's energy mix; and d. Intensification of efforts to increase the percentage of land mass covered by forests in the country. Government also has a deliberate policy of promoting the use of clean stoves that are fuelwood efficient. Although the NREEEP encourages the use of biomass as biofuel, the policy implementation strategies if sustainably managed, monitored, reported and verified may also increase the carbon stock and could be eligible as REDD+ project. In addition, there is need for the policy to promote alternative renewable energy sources other than just biomass fuel such as solar, wind, liquefied petroleum gas, geothermal, etc. 17 3. GUIDING FEATURES OF NIGERIA’S REDD+ FRAMEWORK STRATEGY The guiding features of Nigeria’s REDD+ Framework Strategy highlight the Vision, Mission, Goals and Guiding Principles. These are pivotal in guiding REDD+ Strategies development at both national and sub- national levels. 3.1 Vision By 2030, achieve sustainable management of Nigeria’s forests and ecosystems as well as reduced emissions from deforestation and forest degradation by 20% while promoting sustainable livelihoods and a climate resilient national economy towards attainment of Nationally Determined Contribution (NDC) and Sustainable Development Goals (SDGs). 3.2 Mission To achieve the vision of a climate resilient national economy, sustainable management of forests and ecosystems, sustainable livelihoods and poverty alleviation as well as SDGs through: 1. Promotion of a green economy; 2. Improving the capacity of relevant Ministries, Departments and Agencies (MDAs) to manage forest and ecosystem resources effectively and efficiently; 3. Promotion of alternative livelihood options as co-benefits to REDD+ implementation; and 4. Improving relevant policies, laws and regulations and strengthening law enforcement towards inclusive, transparent and accountable systems to achieve national development goals and global Sustainable Development Goals (SDGs). 3.3 Goals 1. Short-term Goal (2017-2019): To support forest governance systems at state level, spatial planning and the REDD+ investment environment in order to fulfill states’ commitments to reduce greenhouse gas emissions while maintaining economic growth. 2. Medium-term Goal (2017-2025): To implement governance systems in line with policies, measures and procedures developed by the Federal Government to achieve the nationally targeted 20 percent reduction (unconditional, in the NDC) in emissions by 2025. 3. Long-term Goal (2017-2030): Nigeria’s land areas become a net carbon sink by 2030 as a result of the implementation of appropriate policies and measures for sustaining economic development and ecosystem service functions of forests and contribution to Nigeria’s Nationally Determined Contribution (NDC) to climate change mitigation and adaptation. 3.4 Guiding Principles The following guiding principles, agreed to by stakeholders in Abuja, are the core values that will guide FRN in the implementation of its framework strategy irrespective of changes in its goals, strategies, etc.: 1. Effectiveness - REDD+ will ensure achievement of targeted emissions and improve community livelihoods and enhance green economy; 18 2. Efficiency - REDD+ in Nigeria to constitute long term activities that will result in ecological, financial and social benefits to citizens; 3. Fairness - REDD+ approaches mainstream a gender based approach with respect to principle of gender equality and human rights protection in forest and natural resources management; 4. Transparency - REDD+ implementation to ensure openness and participation in decision–making and implementation by all stakeholders including local communities’ Free, Prior and Informed Consent (FPIC); 5. Accountability - REDD+ implementation answerable to the people of Nigeria and UNFCCC in terms of relevance of process, funding and results obtained; 6. Inclusiveness - REDD+ programme in Nigeria shall engage various stakeholders reflecting a wide range of understanding and knowledge necessary for REDD+ delivery.; and 7. Sustainability - REDD+ implementation to share costs and benefits among stakeholders in an equitable manner and ensure sustainable and long-term funding is generated locally. 3.5 Scope The national level (federal) shall be informed by the state level. Given the current varied conditions and stocking of Nigeria’s forests across the 36 states, the scope of the country’s REDD+ activities shall be determined by existing forest conditions at state level with appropriate Forest Reference Emission Level (FREL)/Forest Reference Level (FRL) developed. These could involve: a. reducing emissions from deforestation; b. reducing emissions from forest degradation; c. conservation of forest carbon stocks; d. sustainable management of forests; and e. enhancement of forest carbon stocks. States shall take a step-wise approach to decide on which objectives to include in different phases as they build and strengthen their capacities and improve their technologies for carbon stock monitoring. Box 3: Scope Application for Cross River State Cross River State (CRS) decided to focus on reducing emissions from deforestation alone. This is because the state is faced with immense pressure from deforestation – however, it still has some intact forests. Over 50% of the remaining tropical high forests in Nigeria are located in Cross River State (CRS). The pressure comes from agriculture, fuelwood consumption (energy demand for firewood and charcoal), timber harvesting, mining and infrastructure development. As CRS gains experience and expertise, stakeholders agreed that CRS’s scope may expand to include other REDD+ objectives. 3.6 Scale Scale is intended to identify the level at which accounting of carbon and availability of incentives/funds will take place. Nigeria will take a nested approach that combines both the sub-national at state level and the national level at federal level (with permissible direct project support at both levels). State-level data shall feed into the national database for final reporting/communication by Nigeria to the UNFCCC. 19 Implementation of REDD+ shall take place at landscape level – and in Nigeria’s case at Agro-ecological Zone Level. Box 4: Scale Application for Cross River State CRS stakeholders discussed in various forums and finally agreed that the scale of application for its REDD+ Strategy implementation will take a landscape approach at Agro-ecological Zone (AEZ) Level. CRS comprises two AEZs – coastal and rainforest. The rationale is that agro-ecological zones exhibit similar climatic conditions and nested in them are multiple activities diving deforestation and forest degradation such as agriculture, fuelwood harvesting, timber harvesting, mining and quarrying and infrastructure development. The approach ensures that the best possible balance is achieved among a range of different development objectives, including climate change mitigation and adaptation, environmental and biodiversity conservation, enhanced economic productivity, and improved livelihoods. 3.7 Implementation Approach Nigeria’s REDD+ Framework Strategy provides the enabling framework for REDD+ in Nigeria and implementation at the sub-national level aims to address the drivers of deforestation and forest degradation, boost forest restoration, increase conservation measures and promote sustainable management of forests to enhance forest carbon stocks. This will require: improving existing institutional arrangements at both federal, and state levels for day-to-day administration, implementation, monitoring and reporting; ensuring an enabling environment through responsive policies, legislations and regulations at both levels; implementing innovative measures within the forestry sector and related sectors to address the key drivers of deforestation and forest degradation; identifying and implementing sustainable financing and equitable benefit sharing mechanisms; and promoting good forest governance. Because Nigeria has in the past successfully implemented different community-based and collaborative forest management modalities, a multi-level, multi-stakeholder approach for REDD+ actions and a multi- sectoral approach for innovating and implementing policy and practical measures will be instrumental especially at sub-national level. This will happen at Agro-ecological zone level within a state. 3.8 Process for National Framework Strategy Formulation a. The REDD+ process in Nigeria is proposed as a progressive approach, starting with the state where the majority of high tropical forest cover is located (i.e., Cross River State), then replicating and disseminating the experiences and results to other interested states, as additional funding is made available, and document the experiences and lessons from CRS. ; b. Underline the integrated analysis approach (teams, themes, working groups, etc.), and nesting between State and National level through which Nigeria has derived the framework strategy. The themes include assessment of drivers of deforestation and forest degradation; REDD+ governance and tenure including the adequacy of policy, legal and regulatory framework to support effective REDD+ implementation, financing and incentives, effective stakeholder participation including private sector, safeguards and grievance redress mechanisms; and benefit sharing; 20 c. Ensuring stakeholder engagement in the process from the outset in planning and decision-making (MDAs, NGOs, Private Sector, CBOs, local communities, academic and research institutions and the media); and d. Vision setting and related processes at the National level to ensure that the federal level and state- level visions contribute to the national overall development goal as promulgated in Vision 2020 and National Development Plans. It is also with the understanding that the process will evolve as other further analytical/thematic studies are conducted in various states, etc., but this framework is key to ensuring the synergies and complementary nature of the two tier scale approach of Nigeria at national (federal) and sub-national (state) levels. 21 4. DEVELOPING A REDD+ STRATEGY: GUIDING STEPS 4.1 Assessment of Land Use, Land Use Change Drivers, Relevant Laws, Policies and Governance 4.1.1 Assessment of Land Use Building on the studies undertaken in the course of R-PP implementation (e.g., A preliminary Assessment of the Context for REDD in Nigeria by Oyebo et al. 201013; UN-REDD National Programme Document by FRN, 201114): a. Provide a brief account of existing land use (including data in different agro-ecological zones), and discuss divergence in land use data if necessary. b. Provide a brief account of historical land use trends in agro-ecological zones as presented in the R-PP. c. Discuss land use change trends in agro-ecological zones as indicated by different data sources, subsequent forest inventories, and build on findings of the studies conducted in recent years. Box 5: Assessment of Land Use in Cross River State To assess land use, Cross River State commissioned an analytic study on natural resources and sustainable forest management (Muthui and Adedoyin, 2016) to determine land use sectors with most impact on the forest sector. Key land uses in Cross River State included agriculture (both subsistence and commercial), fuelwood harvesting, timber harvesting, quarrying and infrastructure development. 4.1.2 Assessment of Land Use Change Drivers Identify drivers, both direct and indirect, at the macro-economic level, embedded in policies, governance mechanisms and structures, and micro-economic, rooted within forestry and other associated sector policies, governance and implementation modalities. a. Prioritize the direct and indirect drivers; b. Undertake consultations with relevant stakeholders, validate the direct and indirect drivers, and further refine the list of these drivers; c. Explore and analyze the interrelationships between the prioritized drivers, undertake causal analysis and develop a matrix. d. Develop a final list of prioritized direct and indirect drivers. Box 6: Assessment of Land Use Change Drivers in Cross River State Building on the study by NSRDA and FAO (2015)15, Muthui and Adedoyin (2016) conducted a further analysis to determine the key land use change drivers in CRS. The study identified the following as key drivers: agricultural expansion (both subsistence and commercial); fuelwood consumption; unsustainable timber harvesting; infrastructure development; and oil/solid mineral exploration and quarrying. The underlying causes were identified as demographic, economic, technological, policy and institutional as well as cultural. Causal linkages between the proximate and underlying causes were also drawn. 13 FRN. 2011. UN-REDD National Programme Document. UN-REDD/PB7/2011/8, 163 pp. 14 Oyebo, M., F. Bisong and T. Morakinyo. 2010. A Preliminary Assessment of the Context for REDD in Nigeria. Study Commissioned by the Federal Ministry of Environment, the Cross River State’s Forestry Commission and UNDP with Support from Environmental Resources Management (ERM), 167 pp. 15 NSRDA and FAO. 2015. Study on the drivers of deforestation and forest degradation in Cross River State (CRS). NSRDA and FAO, Abuja, Nigeria. 22 4.1.3 Assessment of Relevant Policies, Laws and Regulations (PLR) Build on the findings of the study “A preliminary Assessment of the Context for REDD in Nigeria by Oyebo et al. 2010, undertaken over the course of R-PP implementation, and draw lessons from the PLR study undertaken by Matakala and Okonofua (2016) as part of CRS REDD+ strategy development process. a. Provide a brief overview of the relevant sectoral policies/legislations/regulations, taking stock of shortcomings and clarifying whether or not they contribute to the drivers of deforestation and forest degradation; b. Discuss measures taken in the recent past to address the identified shortcomings, including the issues that led to the under performance of the measures taken; c. Discuss what measures were taken (if taken at all) during the R-PP phase to understand and quantify the patterns of land use change, deforestation and forest degradation, and the causal relationship between these changes in the context of the existing economic, legal, and policy settings of the country. d. Discuss the key reasons for why the measures did or did not produce the desired outcomes. e. Identify and elaborate on appropriate policy measures and actions to address the key drivers of deforestation and forest degradation. This should be rooted in the shortcomings in law, policy, and institutional and operational mechanisms. Box 7: Assessment of Relevant PLR in Cross River State As part of the CRS REDD+ Strategy development process, the CRS Forestry Commission and the UNDP commissioned a study to assess the adequacy of relevant PLR at both federal and CRS levels in supporting REDD+ implementation (Matakala and Okonofua, 2016). The study identified both gaps and opportunities in existent PLR. Among the PLR reviewed at federal level included: • International Conventions to which Nigeria is signatory (UNFCCC, UNCBD, UNCCD, Ramsar Convention, CITES, CEDAW, African Charter on Human and People’s Rights); • Draft Bill for a National Forest Act, 2003; • Land Use Act, 1978; • The Minerals and Mining Act, 2007; • Environmental Impact Assessment Act, 2014; • Endangered Species Act, 2004; • National Park Service Act, 2004; • National Environmental Standards and Regulations Enforcement Agency Act (NESREA), 2007 and Regulations; • National Policy on Environment, 1999; • National Forest Policy, 2006; • National Policy on Climate Change, 2012; • National Biodiversity Strategy and Action Plan (NBSAP), 2015; • National Policy on Drought and Desertification, 2007; • National Policy on Erosion, Flood Control and Coastal Zone Management, 2005; • The Green Alternative: Agricultural Promotion Policy, 2016; • National Renewable Energy and Energy Efficiency Policy (NREEEP), 2015; • Presidential Initiatives on Afforestation Programme, 2009; • Great Green Wall for the Sahara and Sahel Initiative National Strategic Action Plan (GGWSAP), 2012; and • Freedom of Information Act, 2011. 23 4.1.4 Assessment of Governance Structures for REDD+ Implementation Build on the findings of the study of participatory governance assessment for REDD+ and natural resource management in Nigeria undertaken over the course of R-PP implementation, and draw lessons from the thematic studies undertaken as part of CRS REDD+ strategy development process including: a) PLR study (Matakala and Okonofua, 2016); Natural Resources and Sustainable Forest Management (Muthui and Adedoyin, 2016); Finance, Incentives and Benefit Sharing (Awere-Gyekye, 2016); Private Sector Engagement (Oku and Guveya, 2016); and Knowledge Management (Ochugboju, 2016). a. Provide brief overview of the forestry sector’s existing governance structure (organizational/functional) and mechanisms (service delivery modalities) in particular. b. Take stock of shortcomings in governance structures and mechanisms both within and outside the forestry sector, and clarify how they contribute to the drivers of deforestation and forest degradation. c. What measures have been taken in the past to address the identified shortcomings? What are the issues that led to the under performance of the measures taken to improve governance, if any? d. What has been done during the R-PP phase for understanding and addressing the causal relationship between deforestation and forest degradation and the overall governance situation (with emphasis on the forestry sector)? e. Identify and elaborate on ways to address the governance related key drivers of deforestation and forest degradation in a prioritized fashion. Box 8: Assessment of Governance Structures in the Process of Developing CRS’s REDD+ Strategy In the process of developing CRS’s REDD+ Strategy and drawing on the results of the analytic studies highlighted above including review of other past studies and documents, the governance structures for REDD+ implementation at both federal and CRS levels were elaborated. Figures 3 illustrates the governance structure at federal level and Table 2 describes the roles and responsibilities of the various actors. Governance assessment also entailed descriptions of forest management regimes in Nigeria, their conservation status and management effectiveness: Management Regime Description of Management Conservation Status and Management Effectiveness Forest Reserves (FRs) About 445 gazetted reserves (~29% of forest cover). Established for the supply of timber. Collection of NTFPs is permitted as well as hunting. Variable, majority are heavily degraded with no management plans, and ineffective protection. National Parks (NPs) There are 7 of these (~28% of forest cover). Established for the protection of biodiversity and tourism. No hunting or collection of NTFPs allowed. Relatively well managed compared to forest reserves. Game Reserves (GRs) and Wildlife Sanctuaries (WSs) There are 23 of these. Established for the sustainable management of wildlife with controlled hunting. No timber extraction permitted. Mostly degraded with no management plans and ineffective protection. Strict Nature Reserves (SNRs) There are 8 of these. Strict protection with no use of any type allowed other than scientific research. Most are small (between 19 and 460 ha), and degraded with ineffective protection. Plantations Often within FRs. Planted forests, mostly exotics, e.g., teak, Gmelina, rubber, etc. Variable, most are without management plans. Community Forests (CF)/ Open Areas Depends upon community bye-laws. Most allow all uses including timber extraction and clearing for farmland but some have controlled use of some forest products. Variable mostly degraded except in the more inaccessible parts of the country. Source: FRN, 201116 16 FRN. 2011. National Programme Document: Nigeria’s REDD+ Readiness Programme 2012-2015. UN Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries. 24 Implementation: MDAs, Non-Governmental Organizations (NGOs), Community Based Organizations (CBOs), Civil Society Organizations (CSOs), Local Communities, Traditional Authorities (TAs), Research and Academic Institutions, the media, etc. Figure 3: Governance structures for REDD+ implementation at federal level The Federal level takes charge of the overall reporting to the UNFCCC and provides reporting templates to the States and the States provide information to the Federal level on all REDD+ activities. 25 Table 2: Roles and responsibilities of the various actors at federal level Institution Roles and Responsibilities A. Level 1 1. Federal Ministry of Environment Policy formulation and guidance B. Level 2 2. Steering Committee The Programme Steering Committee (currently for UN-REDD+ Programme support but envisaged to include FCPF-funded Readiness Activities under its mandate) operates under the leadership of the National Council on REDD+. Responsibilities include: (i) preparing project management plans, budgets and annual disbursement forecasts, (ii) determining the strategic direction of the programme and ensure its progress; (iii) approving recommendations brought by the National Technical Committee on project evaluation and proffer solutions brought to its attention, (iv) effecting any corrective action required during the course of programme implementation for better realization of outputs and achievement of objectives, (v) reviewing progress reports from both National and States’ institutions, (vi) coordinating with other existing or future projects and programmes to ensure synergies are realized and duplication avoided; (vii) approving technical reports and financial audits. Membership: The Programme Steering Committee chaired by the Minister of Environment has membership of relevant ministries, Chairs of State Technical Committees, Environment NGOs/CBOs and development partners including but not limited to UNDP, FAO and the World Bank where the World Bank and the UN-REDD+ Programme agencies serve as observers 3. National Technical Committee The National Technical Committee is the multi-sectorial body represented by sectors engaged in land use as well as civil society and private sector. It contains knowledge and expertise available for supporting readiness implementation, operational monitoring and dissemination of program achievements to various stakeholders and concerned communities. Main responsibilities will include: (i) advising the Programme Steering Committee on technical issues; (ii) making recommendations to the Programme Steering Committee on the basis of monitoring reports; (iii) reviewing and following up National reports; (iv) supporting the National Secretariat on operational and programming matters; (v) raising awareness among the wider stakeholders. C. Level 3 4. Department of Climate Change Designated National Authority (DNA) on REDD+ in Nigeria 5. Federal Department of Forestry The National REDD+ Secretariat is housed in the Department of Forestry, Federal Ministry of Environment. D. Level 4 6. REDD+ Secretariat (Federal) The National REDD+ Secretariat has the responsibility for the day-to-day management and the execution of the entire programme at the administrative, technical and financial levels. Responsibilities: (i) Secretariat for the National Council, Programme Steering Committee and National Technical Committee (ii) Drafting the programme management and annual work plans; (iii) Coordination and oversight of all administrative, financial and technical activities; (iv) Selection and recruitment of contractual staff in consultation with the National/State Technical Committees; (v) Organizing logistics and programmes for consultants’ missions; 26 (vi) Commissioning additional studies/analysis to enhance knowledge and programme performance as may be recommended by the National/State Technical Committees; (vii) Recommending to the higher organs of the programme institutions activities to be supported by the programme; (viii) Validating the quantitative and qualitative performance indicators and tools for M&E; (ix) Maintaining continuous contacts with all stakeholders including local communities, government institutions and development partners; (x) Working closely with the Inter-ministerial Committee on Climate Change (IMCCC) to ensure synergy of programme activities with climate change initiatives at all levels; (xi) Producing required financial and technical reports; (xii) Prepare the meetings of the National Technical Committees (NTC), Programme Steering Committee, and the National Council. 7. State REDD+ Establishment The CRS REDD+ Unit is located in the Ministry of Climate Change and Forestry/CRS Forestry Commission with responsibilities for day-to-day management of REDD+ activities. The CRS Technical REDD+ Committee serves as a Steering Committee at the State level. The Honourable Commissioner, Ministry of Climate Change and Forestry serves in the National REDD+ Council while the National REDD+ Coordinator is an observer to the CRS State Technical REDD+ Committee. See Annex IV for details on REDD+ Management Arrangements. E. Level 5 Remote Sensing/GIS 8. Lead Institution = Nat Space Research and Development Agency. Acquisition and processing of satellite imageries, coordination and dissemination of information at national level. Forest Inventory 9. Lead Institution = Federal Department of Forestry Responsible for national forest inventory and houses the national forest information system. Cooperating with the states on sub-national forest inventory. GHG Emissions 10. Lead Institution = Department of Climate Change Responsible for national communication to the UNFCCC on GHG emissions. Implementation 11. MDAs, Non-Governmental Organizations (NGOs), Community Based Organizations (CBOs), Civil Society Organizations (CSOs), Local Communities, Traditional Authorities (TAs), Private Sector, Research and Academic Institutions, the media, etc. Ground implementation of activities, monitoring and verification. NOTE: The proposed apex body is the National Council on REDD+, chaired by the Vice President of the Federation and will be comprised of the following representatives:, the Governor of Cross River State (co-Chairperson), and Governors of other participating states, Ministers of Environment, Agriculture and Rural Development, Water Resources, Science and Technology, National Planning Commission and other relevant Agencies. The National Council will: (i) guide, monitor and review progress on the national REDD+ process; (ii) ensure federal coordination across Ministries and with the states on REDD+ matters; (iii) oversee, and consider recommendations by the Programme Steering Committee; (iv) oversee the design and implementation of national REDD+ programmes and endeavours, such as the FCPF grant and the UN-REDD+ Nigeria programme and (v) review and approve REDD+ plan of operations, annual work plans, annual budgets, monitoring & evaluation process and implementation. 27 4.2 REDD+ Strategy Options Assessment REDD+ Strategy options assessment is intended to identify the key issues and options necessary to address the key drivers of deforestation and forest degradation identified in Section 4.1.2. In this process, the following elements are important to consider: a. Explore and identify as many strategy options as possible for each of the direct and indirect prioritized drivers, and list the options against each prioritized driver; b. Undertake consultations with relevant stakeholders to identify and validate the strategy options against each prioritized driver (produce an Issues and Options report); c. Prioritize the strategy options against each driver based on the extent to which they are robust and vetted, and develop appropriate criteria to check that they are vetted; and d. Select the most robust and vetted strategy options for each prioritized driver. Box 9 describes the process that CRS went through to derive its priority REDD+ strategy options. Box 9: How CRS Assessed its REDD+ Strategy Options In assessing and identifying the REDD+ Strategy options, CRS undertook the following steps: 1. Commissioning a consultancy team comprising both international and national consultants to undertake detailed literature review and conduct analytic studies to identify key issues and options on the following thematic areas: a. Adequacy of Policy, Legal and Regulatory (PLR) framework (Matakala and Okonofua, 2016); b. Natural Resources and Sustainable Forest Management (Muthui and Adedoyin, 2016); c. Finance, Incentives and Benefit Sharing (Awere-Gyekye, 2016); d. Private Sector Engagement (Oku and Guveya, 2016); e. Knowledge Management (Ochugboju, 2016); and f. The Economic Value of Nigeria’s Forest Ecosystems and potential benefits of REDD+ in Green Economy Transformation in Nigeria (UNEP – study not yet concluded. This study is quite critical in assigning value to different forest ecosystems and subsequent decisions on prioritizing options with optimal economic benefits and other co-benefits). 2. Conducting two stakeholder validation meetings on the draft and final analytic reports; 3. Developing a consolidated Issues and Options Paper highlighting the key strategic options; 4. Validation of the draft and final Issues and Option Reports at two stakeholder meetings and final selection of the most robust and vetted options; and 5. Validation of the draft and final CRS REDD+ Strategy, containing prioritized and vetted options, at two stakeholder meetings 4.3 Safeguards REDD+ implementation presents social and environmental risks as well as opportunities to enhance social and environmental benefits. For example, if well planned and implemented, REDD+ policies and measures can contribute to securing local forest-based livelihoods, improving biodiversity conservation, and providing opportunities for eco-tourism. However, policies that promote conservation without due regard to local populations’ rights to natural resources may lead to restrictions on these livelihood sources for example. Other potential risks are related to the issue of statutory and customary forestland tenure and user rights, and how the potential benefits from REDD+ will be equitably distributed among stakeholders. 28 Environmental risks include the potential for poorly designed and managed reforestation and afforestation measures to have negative impacts on biodiversity and ecosystem services provided by natural forests and other ecosystems. Such risks have significant implications for REDD+ strategy development. In-country capacity for addressing and respecting, in particular, social safeguards, needs to be reinforced in order to ensure such safeguards issues are properly addressed and respected throughout REDD+ implementation in Nigeria. To address these concerns, Parties at the UNFCCC COP 16 agreed on a set of safeguards, known as the Cancun safeguards, which should be promoted and supported during implementation of REDD+ activities to minimize these risks. In particular, Safeguard (e) states that REDD+ implementation should be used to enhance other social and environmental benefits derived from forest ecosystems. 4.3.1 Nigeria’s REDD+ Safeguards Nigeria follows the guidance and requirements for REDD+ safeguards as per the UNFCCC Decisions, which can be summarized as: 1. promoting and supporting the UNFCCC REDD+ (or ‘Cancun’) safeguards throughout the implementation of REDD+ PaMs, regardless of the source and type of funding17; 2. developing a national-level system for providing information on how the Cancun safeguards are being addressed and respected (i.e. a ‘safeguards information system’ - SIS)18; and 3. providing summaries of information on how all the Cancun safeguards are being addressed and respected throughout the implementation of REDD+ actions19. The country adopted a country approach to safeguards and has made substantial progress in that regard and aimed to ensure that during REDD+ implementation: • UNFCCC Cancun safeguards are addressed and respected; • A national Safeguards Information System is in place and functional; and • Summaries of information on safeguards are produced and submitted periodically to the UNFCCC. Through an iterative process, the safeguards efforts in Cross River State are feeding into the National REDD+ Framework Strategy development process, which will respond to these three international safeguards requirements. 4.3.2 Nigeria’s REDD+ Process on Safeguards The Nigeria REDD+ Programme has been building capacity and conducting work to develop a country approach to the REDD+ safeguards for a number of years. A Participatory Governance Assessment for REDD+ and natural resource management in Nigeria was conducted through a pilot in Cross River State’s three REDD+ pilot sites during 2012-2015. A National Safeguards Working Group (NSWG) with members drawn from Federal and State government agencies, academia, civil society, communities, the media and the private Sector was constituted in late 2013. Between 2015-2016, the NSWG led consultations and technical work for the preparation of the key components of Nigeria’s country approach to the safeguards, which are described below. 17 Ibid 18 UNFCCC Decision 1/CP. 16, paragraph 71 (d) ; Decision 9/CP.19 paragraph 3 19 UNFCCC Decision 12/CP.17, paragraph 3; Decision 9/CP.19, paragraph 4 29 4.3.3 Progress to date on addressing and respecting safeguards in Cross River State CRS’s contribution to the country’s approach to safeguards, coordinated by the National Safeguards Working Group , has comprised four elements to date: i. A participatory analysis of the risks and benefits of a set of proposed PaMs which were considered by the National Safeguards Working Group; ii. A preliminary assessment of existing national and state policies, laws and regulations, in relation to the proposed PaMs, as well as the status of their implementation. This was followed by a gap filling consultation, on the status of PLRs implementation and safeguard complainant in PLRs implementation, with relevant State Government Ministries, departments and agencies (MDAs), some communities within and outside the REDD pilot areas and Local government Councils with jurisdiction over the pilot areas; iii. Development of principles and criteria that interpret the Cancun safeguards in accordance with CRS’s specific circumstances; and iv. Application of the principles and criteria to refine the strategic objectives of the CRS REDD+ Strategy during REDD+ implementation through PLRs reforms (improvements/opportunities) at both State and National level). These are elaborated further below: 4.3.3.1 Risks and Benefits Analysis The Risks and Benefits Analysis conducted in Cross River State was developed through a consultation and joint working process led by the NSWG. The analysis focused on the potential risks and benefits associated with eight existing and initial planned PaMs relevant to REDD+ in Cross River State, in order to gain lessons learned for the development of the State’s REDD+ strategy and feed into the clarification of the safeguards. Using a template developed in-country with assistance from the UN-REDD Programme, a series of participatory consultations and small working group sessions gathered information on: background on each PAM; drivers of deforestation/forest degradation or barrier the PAMs intend to address; risks and benefits relevant to the PAMs; suggested measures to reduce the risks or enhance the benefits; which safeguard(s) the risks and benefits are associated with; and possible sources of information on the risks and benefits. It also summarized the key risks and benefits identified with recommendations. For example, recommendations relevant to multiple PaMs emerged on the need to review the current moratorium in CRS, Land Use Act, etc. as some provisions are considered outdated or inadequate to fully address contemporary environmental and social concerns. The difficulties in revising legislation were recognized. However to the extent of such limitations, a review of current land tenure system (statutory & customary) and natural resource management challenges, and solutions to these issues should still be sought within the current legal and institutional framework as well as traditional system. Following consolidation of all inputs, the Risks and Benefits Analysis was presented formally to the Cross River State REDD+ Technical Committee for consideration and validation in June 2016. All the information gathered during the analysis is contained in a flow sheet (NSWG, 2016a)20. 20 See detailed description of the benefits and risks in: NSWG. 2016(a). Risk-benefit analysis of REDD+ related policies and measures in CRS. Report incorporating results from: December 2015 Stakeholder Forum, Cross River State, Nigeria; National Safeguards Working Group meeting, February 2016; UN-REDD Safeguards component working group session, February 2016; Feedback from Safeguards Coordination Group and other reviewers, March 2016; Validation at RTC Meeting, and consolidation by working group, June 2016. 30 4.3.3.2 Clarification of the safeguards: principles and criteria Building on the Risks and Benefits Analysis, in 2016, NSWG conducted a participatory process to clarify the Cancun safeguards in the context of Nigeria, with a focus on Cross River State. A ‘principles and criteria’ (P&C) approach was used. The P&C are expected to contribute to: reaching a common understanding on the Cancun safeguards, in accordance with national circumstances, among stakeholders in CRS and at the national-level; informing the development of a safeguards information system at the national level and a monitoring framework for REDD+ at the state level; and improving the governance of REDD+. These have also been used to assess the strategic interventions in the Strategy against the Cancun Safeguards and some recommendations made which were integrated into the text and articulation of the Strategic Interventions. Information from the gap filling exercise was used to improve the P&C. The P&C was presented formally to the Cross River State REDD+ Technical Committee for its consideration and validation in November 2016. The “Cross River State REDD+ Safeguards Principles and Criteria. Country Approach to Safeguards: Framework for Clarifying the Cancun Safeguards” are contained in a flow sheet (NSWG, 2016b) Principles and Criteria The Cross River State REDD+ Safeguards Principles and Criteria include the seven Cancun safeguards as the principles and 22 criteria that contextualize the principles (Table 3). These criteria are intended to be used as a screening tool to ensure safeguards considerations are mainstreamed into the design of REDD+ PaMs so that they yield carbon and non-carbon benefits, as well as present low-risk options for reducing GHG emissions. The Cancun safeguards were adopted as the principles without modification. The criteria, however, elaborate the content of each principle in the specific context of Cross River State. These criteria were developed through an analytical process informed by the following elements21: 1. An international legal good practice understanding to the substantive content of the Cancun safeguards22 ; 2. An assessment of the risks and benefits of existing and planned REDD+ policies and measures for CRS to reduce greenhouse gas emissions from deforestation and forest degradation23; and 3. An assessment of existing safeguards, relevant policies, laws and regulations, and the implementation of those PLRs, at both national and state levels. In addition, the clarification process as well as other work streams related to strategy development were further informed by a series of meetings and discussions coordinated by the NSWG with key stakeholders (e.g., relevant ministries, departments, agencies) and selected communities, in order to better understand some of the gaps identified in the PLR framework. In regards to the REDD+ safeguard information system (SIS), given that most of the start-up REDD+ activities will take place in CRS, the state level safeguard information system will provide data to develop a federal REDD+ safeguards information system (SIS). 21 NSWG, 2016b. Cross River State REDD+ Safeguards Principles and Criteria. Country Approach to Safeguards: Framework for Clarifying the Cancun Safeguards (v1.1). 31 Table 3: Safeguards Principles and Criteria for Nigeria PRINCIPLE CRITERIA a) [REDD+] actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements a1. The proposed REDD+ PaM should support the National Forest Act (2006), National Policy on Environment (1999), National Policy on Climate Change (2012), National Biodiversity strategy and Action plan (NBSAP), CRS Forest Law (2010), and other relevant national and state PLRs. a2. The proposed REDD+ PaM should support the United Nations Sustainable Development Goals 6, 7, 11, 12, 13, and 14, African Charter on Human and Peoples Rights and other relevant international conventions that Nigeria is signatory to. b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty b1. The proposed REDD+ PaM should clarify and strengthen relevant land tenure arrangements b2. The proposed REDD+ PaM should ensure equitable distribution of incentives and benefits from carbon and ecosystem services that are commensurate with the responsibilities for PaM implementation b3. The proposed REDD+ PaM should promote gender equality in its design and implementation b4. The proposed REDD+ PaM should contribute to enhance capacity to meet existing institutional mandates c) Respect for the knowledge and rights of indigenous peoples and members of local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the United Nations General Assembly has adopted the United Nations Declaration on the Rights of Indigenous Peoples c1. The proposed REDD+ PaM should, in addition to existing administrative and judicial recourses to justice, include, where necessary, procedures to resolve disputes among stakeholders (e.g. grievance redress mechanisms) as part of design, c2. The REDD+ PaM should define the roles, legitimacy and responsibilities of stakeholders to reduce corruption and enhance transparency and accountability c3. The proposed REDD+ PaM should identify, recognize and respond to local (particularly forest- dependent) communities’ cultural knowledge, norms, statutory and customary rights, which are consistent with the relevant policies and laws c4. The proposed REDD+ PaM should avoid all forms of discriminations, such as gender inequality, social stratification, vulnerability, language etc. c5. The proposed REDD+ PaM should support and promote free, prior and informed consent (FPIC). d) The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities [in REDD+ actions] d1. The proposed REDD+ PaM should ensure comprehensive identification, mapping and participation of all stakeholders that affect, or are affected by, the REDD+ PaM d2. The REDD+ PaM should incorporate regular stakeholder reviews of progress and challenges to improve implementation e) [REDD+] actions are consistent with the conservation of natural forests and biological diversity, ensuring that REDD+ actions are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits. e1. The proposed REDD+ PaM should fully adhere to National Strategic Environmental Assessment and Environmental Impact Assessment requirements, as well as those of other international investors, where relevant e2. The proposed REDD+ PaM should avoid adverse impacts on natural forests and enhance biodiversity and other ecosystem services, both within and outside forests e3. The proposed REDD+ PaM should avoid adverse social impacts and promote and enhance economic and social well-being, with special attention to the most vulnerable and marginalized groups e4. The proposed REDD+ PaM should not convert natural forest to other land uses, including conversion from natural to planted forest f) Actions to address the risks of reversals. f1. The proposed REDD+ PaM should enhance the assessment of socio-economic, financial, legal and political factors in the analysis of drivers of deforestation f2. The proposed REDD+ PaM should encourage the provision of livelihood options to all relevant stakeholders to reduce pressure on forest and ensure long-term financial and ecological sustainability f3. The proposed REDD+ PaM should encourage the provision of social and economic development options such as access infrastructure, amenities and other socio-economic services. g) Actions to reduce displacement of emissions g1. The proposed REDD+ PaM should, in its design, address the underlying drivers of deforestation and forest degradation g2. The proposed REDD+ PaM should be considered for implementation across all the ecological zones in CRS Source: Nigeria National Safeguards Working Group (NSWG), 2016b. The recommendations under Nigeria’s/CRS’s safeguards approach are to: 32 i. Conduct another more detailed and national level PLR review including other states to find out whether the safeguards (principles) can be addressed and respected and what are the weaknesses and inconsistencies or gaps; and ii. Use the criteria developed by the NSWG to assess compliance of the strategic objectives of the CRS REDD+ strategy based on existing relevant PLR in CRS. Box 10: Assessing safeguards compliance of relevant PLRs against CRS’s four (4) key strategic objectives of the CRS REDD+ Strategy The first four (4) strategic objectives of the CRS REDD+ Strategy, considered critical in addressing the direct drivers of deforestation and forest degradation from agriculture, forestry, energy, mining and infrastructure development sectors, were assessed for safeguards compliance by a technical committee of experts based on existing PLR framework in CRS during a validation workshop held in November 2016 in Abuja. The following qualitative scores were used in the assessment: (i) 0 = completely absent (there is no relevant PLR that is safeguards compliant in relation to achieving the stated Strategic Objective); (ii) 1 = Low (relevant PLRs are least safeguards compliant in relation to achieving the stated Strategic Objective); (iii) 2 = Medium (relevant PLRs are moderately safeguards compliant in relation to achieving the stated Strategic Objective); and (iv) 3 = High (relevant PLRs are fully safeguards compliant in relation to achieving the stated Strategic Objective). The results of the assessment are presented in Annexes 1 and 2 including recommendations highlighting opportunities to ensure that the relevant PLRs are safeguards compliant to achieve the stated strategic objectives. Other states willing to engage in REDD+ could take a similar approach. 4.4 Setting-Up National Forest Monitoring System (NFMS) The building of the National Forest Monitoring System (NFMS) in Nigeria draws on a series of lessons learned from the ongoing UN-REDD supported establishment of a forest monitoring and MRV system in Cross River State. The work on measurements, reporting and verification already accomplished towards forest monitoring in Cross-River State includes, among others: i. Capacity building. • Several stakeholders have undergone three different streams of training in the use of Remote Sensing/GIS and related capabilities to assess forest cover change and generate Activity Data (AD); • Stakeholders were provided training in three different streams on National Forest Carbon Inventory, data analysis (including Mangrove sampling and allometric equations); • Ninety eight (98) community members were trained in sample plots establishment and field measurements for carbon stocks assessment; • A total of thirty three (33) participants also in three different streams, were taken through the process of technical GHG inventories reporting for ALU and LULUCF. 33 ii. Systems Development • Completion and equipping of the Remote Sensing/GIS laboratory including computer hardware, software and peripherals, and broadband Internet facility for the Ministry of Climate Change and Forestry; • Procurement of full complement of modern forest carbon inventory equipment including soil sampling equipment and field kits; • Establishment of 80 sample plots across 62 local communities of CRS to estimate carbon stocks and Emissions Factors; • MRV database was developed for CRS, with Remote Sensing and Forest Inventory epoch datasets comprising hotspots, Land use change matrices, real time and historic inventory data from temporary and permanent sample plots, etc. iii. Technical Studies and Reports • Spatially explicit analysis of drivers of deforestation and forest degradation was conducted; • Draft NFMS Action Plan clearly spelling out institutional arrangements at both National and CRS levels with roles and responsibilities well defined and developed; • Draft Sub-national FREL/FRL developed for CRS with defined emission base year and acceptable National Forest definition based on the following basic minimum parameters - 0.5ha area; 15% crown cover; and 3m tree height. • Forest Carbon Inventory Standard Operational Manual produced with 1000 copies printed and delivered to relevant stakeholders. iv. Stakeholders Engagement and Activation • Relevant technical stakeholders engaged throughout the process including communities, MDAs, Academia, private sector, NGOs, CBOs and the media during the course of CRS Strategy development with clear definition of roles with respect to each of the pillars of the NFMS (SLMS, NFI and GHG-I); • Technical Working groups for each of the pillars and for the overall MRV were formed and animated; and • Additional financial support secured from the Governors’ Climate and Forest Trust Fund (GCF) to complement capacity strengthening efforts and other MRV activities in CRS. In addition, UN-REDD is also supporting the identification, assessment and mapping of the multiple benefits of REDD+, for subsequent integration into the NFMS and SIS. The monitoring of local livelihood benefits of REDD+ activities will be exceedingly important, given the extremely high deforestation rates and pressures on remaining forests in Nigeria. For all components of the NFMS, there will be two-way communication between the CRS and the Federal Government. For the MRV system, the Activity Data as interpreted, validated and disseminated in the state, will allow field validation for the national level, while the state-level Forest Inventory will provide data to the national REDD+ database, the format provider for the state level. Finally, for the GHG inventory component of the MRV system, the determination of forest carbon stock change in CRS will allow the verification of the national GHG inventory, which as it develops will eventually provide the assessment for the state level. In regards to the REDD+ safeguard information system, given that most of the start-up REDD+ activities will take place in CRS, the state level safeguard information system will provide data to develop a federal REDD+ safeguards information system (SIS). Like the MRV components, the data flow will be two-way, since the federal level will provide the format needed for the safeguards at state level (Figure 4). 34 Figure 4: Overview of linkages in the MRV system between Federal and State levels. The monitoring system intends to apply a stepwise approach, both spatially and temporally to enable an evolutionary process towards a full, nationwide MRV system as well as a safeguard information system in Phase III, while also being useful in intermediate stages. First, it enables the assessment of the results from REDD+ activities, as required for phase II, using two pillars that provide data on: (i) forest cover changes and activity data, and (ii) the safeguards. Furthermore, it allows Phase III reporting on: (i) the assessment of the emission factors, and (ii) the evaluation of anthropogenic emissions by sources and anthropogenic removals by sink resulting from REDD+. Both systems are complementary in time, allowing the reporting of the activities during phase II and the performance under phase III, in an integral, progressive way (Figure 5). The systems are also complementary in space allowing Cross River State and Federal government to report their activities. 35 Figure 5: Proposed integrated approach to building both Monitoring & MRV systems in Nigeria 36 4.5 Setting-Up the Forest Reference Emission Level (FREL)/Forest Reference Level 4.5.1 General information/pointers a. The reference level (RL) represents a crediting baseline (as opposed to the BAU baseline), and is a benchmark for rewarding the country if emissions are below this level. b. RL is seen as a modified BAU baseline reflecting “common but differentiated responsibilities” to ensure global additionality and larger overall GHG emissions reduction in line with the UNFCC objectives. c. Despite the global understanding that RL should be based on historical emissions and should take into account the national circumstances, the content of RL and/or the criteria or procedure for setting the RL is not yet standardized. d. A higher RL runs the risk of paying for non-additional “reductions” as the REDD rent is higher; a lower RL may discourage country participation as the emissions reduction will be too high to be credited, and will result in a relatively low REDD rent. e. Establishing an RL is a tricky issue and needs sound science to ensure it is neither inflated nor deflated to avoid discouraging country/state participation. 4.5.2 What is required? a. Develop/provide a preliminary sub-national or national forest reference level (RL) that uses a clearly documented methodology based on a step-wise approach. b. Demonstrate a relationship between the sub-national and evolving national (or vis-à-vis in Nigeria’s case) using geo-referencing. c. The developed RL should be able to reflect the identified priority drivers, key policies and programmes of the REDD+ strategy and the monitoring system. d. The RL should demonstrate a significant step towards an evolving operational system. e. Provide evidence that the developed RL has been peer reviewed and undergone public consultations, and has been refined accordingly. f. In case an adjustment in the RL is proposed, the proposal should be based on credible and defendable relevant national circumstances. g. Provide a plan for additional steps and data needs. 4.5.3 Building blocks to FREL/FRL development at national level According to the UNFCCC, a forest reference emission level or forest reference level (FREL/FRL) is a “benchmark for assessing performance” of actions taken under a REDD+ strategy. It should be based on historical data, visual point interpretation, Cumulative Deforestation Model (Logistic Regression) and may be adjusted for national circumstances. The UNFCCC agreed that FREL/FRL may be developed in a stepwise approach, improving over time to allow countries to incorporate better data, improved methodologies, and additional pools. In addition, the UNFCCC states that subnational FRELs/FRLs may be developed as an interim measure. Nigeria intends to align its FREL/FRL development with guidance from the UNFCCC. The development of FREL/FRL in the country will follow a stepwise approach with the intention that FREL/FRL will be further developed and refined over time. The building blocks for development of FREL/RL are depicted in Figure 6 below. It must be noted that FREL/FRL uses the same building blocks or pillars like MRV: the difference stems from the fact that historical data is used for FREL/FRL while MRV uses future data collected. UNFCCC insists that FREL/FRL be consistent with MRV, so that actual performance is assessed during monitoring. 37 The Land Use Change and Forestry (LUCF) assessment of Nigeria will generate historical Activity Data (AD) while the National Forest Inventory (NFI) will provide data on Emission Factors (EF) which when multiplied with the AD will provide emission estimates in CO2 equivalent. These emission estimates will then be used to construct the FREL/FRL (Figure 6). The main carbon pools to be included in the FREL/FRL could include Above Ground Biomass (AGB), Below Ground Biomass (BGB), Dead Wood (DW) and Soil Organic Matter (SOM). Box 11 shows carbon stock assessments towards FRELl/FRL setting for CRS. Figure 6: Building blocks for development of FREL/FRL for the national level Box 11: Summary of AGB, BGB and carbon stocks for different forest types in Cross River State Land use Type ABG (t/ha) ABG (tc/ha) BGB (tc/ha) ABG tCO2/ha BGB tCO2/ha Total Biomass tCO2/ha Derived Savanna 99.65±132.6 46.84±62.30 20.91±28.4 171.73±228.5 76.67±104.20 248.0±332.6 Farmland 80.58±56.8 37.87±26.69 16.52±11.64 138.86±97.87 60.57±42.69 199.4±140.5 Gmelina 162.85±54.3 76.54±25.56 34.11±8.98 280.64±93.71 125.08±32.92 405.72±126.00 Montane 709.88±245.74 333.65±115.50 154.74±53.47 1223.37±423.50 567.37±196.04 1790.73±619.53 Open Forest 311.41±119.72 146.36±56.27 67.57±27.45 536.67±206.32 247.76±100.66 784.43±306.92 Swamp 76.42±51.94 35.92±24.41 15.67±10.65 131.70±89.51 57.44±39.04 189.15±128.55 Tropical High Forest 531.71±190.17 249.90±89.38 115.82±43.66 916.32±327.73 424.68±160.10 1341.00±487.78 Mangroves 380.57±210.64 178.87±99.00 163.15±72.24 655.85±363.00 598.23±264.89 1254.08±626.59 Forest Land* 392.39±68.88 184.42±31.74 94.10±16.18 676.23±116.38 345.04±59.32 1021.23±175.28 Source: National MRV Working Group, 2016. * Forest Land values were calculated as a weighted average of the means from the different forest type estimates. N.B. Annual Emissions (Total Biomass) = AD X EF = 15 120 331 tons CO2e/year 38 4.5.4 Relationship between National Forest Monitoring System (NFMS) and MRV System The National Forest Monitoring System (NFMS) for REDD+ is designed to estimate forest-related GHG emissions and removals. In addition, the NFMS can go beyond the measurement of forest carbon and provide information on other parameters such as forest health, biodiversity, socio-economic and environmental functions of forests and legal frameworks related to forests. Following UNFCCC COP 17 decisions, the NFMS should have two functions: a monitoring function and Measurement, Reporting and Verification (MRV) for REDD + activities (Figure 7). Figure 7: Relationship of National Forest Monitoring System and Methodological Arrangements for MRV 4.6 Financing Mechanisms Funding opportunities for REDD+ activities in the Nigeria are many and could come from different sources: domestic and/or foreign; bilateral and/or multilateral; public and/or private and innovative sources. The issue therefore is not where funding will come from but how to orient investments, design of the REDD+ Strategy and follow-up programmes/projects to take advantage of the many potential financing opportunities available. This will require blending of different financing instruments and sources for implementation of REDD+ activities (Awere-Gyeke, 2016)24. Background studies for the CRS Strategy, including Awere-Gyeke (2016), described in detail a number of financing sources for REDD+ activities to which Nigeria is eligible: 4.6.1 Potential domestic funding sources Two domestic financing options are recommended for Nigeria for implementation of its REDD+ Framework Strategy. These will need to be established and are summarized in Table 4 below (Awere- Gyekye, 2016): 24 Awere-Gyeke, K. 2016. Technical Annex 1: Financing Options for REDD+. Towards a REDD+ Strategy for Cross River State, Nigeria. Draft Report under the “Development of the Integrated Analyses for a REDD+ Strategy in Nigeria with a Focus on Cross River State”. UN-REDD Nigeria. National Forest Monitoring System Monitoring Function: to track national Policies and Measures Satellite Land Monitoring System: to estimate Activity Data National Forest Inventory: to estimate Emission Factors GHG Inventory: to estimate emissions and removals 39 Table 4: Potential domestic funding source options for REDD+ in Nigeria OPTION STRATEGIC OBJETIVE STRATEGIC INTERVENTIONS 1. Using federal and state budgets in combination with the Ecological fund to finance REDD+ implementation To establish a comprehensive framework that facilitates channeling of forest related financing streams in sectoral budgetary allocations (Federal and State) in combination with contributions from the Ecological Fund to the implementation of REDD+ Strategy. • Create synergies with other land-use and environmental finance streams in federal and state budgets • Create a steering committee of permanent secretaries to oversee joint implementation of REDD+ activities using sector specific budget allocations. Advocate for use of part of the Federal share of the Ecological Fund as an incentive to reward/compensate states with verifiable conservation of forests. 2. Using direct project support (Finances mobilized for REDD+ will go into the annual budget at the appropriate level and earmarked for REDD+ ) To change lives for the better, through the promotion of investments (foreign and domestic) directly into REDD+ projects within communities in CRS to contribute towards poverty alleviation, food security and better stewardship of the environment. • The Forest Commission of CRS should develop a resource mobilization/advocacy strategy, build capacity and in collaboration with MDAs implement and mobilize financing for REDD+ implementation by the Forestry Commission of CRS (FCCRS) to provide extension services to communities on their role in REDD+ implementation and assist them in negotiations with investors with regard to incentives and benefits sharing. Source: Awere-Gyeke, 2016 4.6.2 Potential continental and regional funding sources A wide range of continental and regional sources of financing were assessed for applicability and eligibility for REDD+ in Nigeria and the following were Identified as possible sources (Table 5): Table 5: Continental and regional sources of financing and Nigeria’s eligibility Name of Fund Support Focus of the Fund Capitalization Level (US$) Nigeria’s Eligibility The Nigeria Trust Fund (NTF) Created in 1976 by an agreement between the Nigerian Government and African Development Bank Group. NTF resources can co-finance operations of the AfDB and the African Development Fund, as well as fund stand-alone operations, in both the public and private sector. to low income countries. A call for proposal is launched annually in July. Revolving Fund, Socio-economic development. Funds projects not countries. ~253 million Eligible for projects The NTF has a funding ceiling of US$ 10 million per project and only provides concessional loans The Africa Climate Change Fund (ACCF) Climate resilience building, sustainable infrastructure, ~10 billion Eligible – inclusive growth and low carbon growth. Complements the GEF and CIF, for which ADB is a 40 creating ecosystem services, sustainable use of natural resources especially water, mainstream climate change and low carbon development strategies and policies, capacity building. implementing agency. Governments, NGOs, research institutions, regional and institutions The ECOWAS Regional Development Fund (ERDF) Public sector financing for economic infrastructure, poverty alleviation 500 million Eligible – This financing window grants medium and long-term concessionary loans. The parent organization, the EBID is also the financing bank of NEPAD projects in the region. The ECOWAS Regional Investment Fund (ERIB) Private and commercial sector financing 500 million Eligible - This financing window grants medium and long-term concessionary loans. The parent organization, the EBID is also the financing bank of NEPAD projects in the region. Source: Adapted from Awere-Gyeke, 2016 4.6.3 Potential multilateral and bilateral funding sources A range of existing, new and emerging multilateral and bilateral sources of financing for climate change were identified. These are summarized in Table 6 below. Table 6: Existing, new and emerging multilateral and bilateral funding sources and instruments for REDD+ implementation in Nigeria A. MULTILATERAL FUNDS Source/Financial Instrument Administered By Area of Focus Fund Size Relevant for Previous Nigeria Access REDD+ implementation Nigeria I. Adaptation Adaptation Fund AFB25 Adaptation $115.96 million Yes Yes Yes Pilot Program for Climate Resilience World Bank Adaptation $1.2 billion Yes Yes Yes Adaptation for Smallholder Agriculture Program IFAD Adaptation £147.5 million Yes Yes Yes 25 AFB = Adaptation Fund Board 41 B. MULTILATERAL FUNDS Source/Financial Instrument Administered By Area of Focus Fund Size Relevant for Previous Nigeria Access REDD+ implementation Nigeria II. Mitigation Clean Technology Fund World Bank Mitigation $5.6 billion Yes Yes Yes Forest Carbon Partnership Facility World Bank Mitigation, REDD+ $ 300 million Yes Yes Yes – The Readiness Fund Forest Investment Program World Bank Mitigation, REDD+ $ 775 million Yes Yes No Bio-carbon Fund World Bank Mitigation, REDD+ $ 180 million Yes Yes It’s not clear if Nigeria has accessed UN-REDD+ Programme UNDP REDD+ Yes Yes Yes for Readiness activities Global Energy Efficiency and Renewable Energy Fund EC Mitigation, Euro 222 million Yes Yes Not clear if Nigeria has accessed or not III. Adaptation and Mitigation GEF Trust Fund- Climate Change Focal Area GEF Adaptation, Mitigation, REDD+ Yes Yes Yes Global Climate Change Alliance EC Adaptation, Mitigation, REDD+ Yes Yes Not Clear if accessed Green Climate Fund World Bank Adaptation, Mitigation, REDD+ Yes Yes No Special Climate Change Fund GEF Adaptation, Mitigation, REDD+ Yes Yes Not clear if accessed or not Strategic Climate Fund World Bank Adaptation No Yes Not clear if accessed or not C. BILATERAL FUNDS Source/Financial Instrument Administered By Area of Focus Fund Size Relevant for Previous Nigeria Access REDD+ implementation Nigeria IV. Adaptation and Mitigation Australia’s International Carbon Initiative Government of Australia REDD+ $ 512.95 million Yes Yes Not clear if accessed or not Germany’s International Climate Initiative Government of Germany Adaptation, Mitigation, REDD+ ~ $ 2 billion Yes Yes Not clear if accessed or not Japan’s Fast Start Finance- Private Government of Japan Adaptation, Mitigation, $ 15 billion Yes Yes Not clear if accessed or 42 Source REDD+ not Norway’s International Climate and Forest Initiative Government of Norway REDD+ $ 517 million Yes Yes Not clear if accessed or not United Kingdom’s International Climate Fund UK Government Adaptation, Mitigation, REDD+ $ 495 million Yes Yes Not clear if accessed or not Source: Adapted from Awere-Gyeke, 2016 4.6.4 Potential non-profit funding sources Included in the matrix of international private finance are NGOs and philanthropic organizations involved in forests and climate change work. Several are involved in REDD+ projects and programmes around the world, for example in Indonesia, Brazil, Costa Rica, and Nepal where international NGOs such as Conservation International (CI), Worldwide Fund for Nature (WWF) and the Center for International Forestry Research (CIFOR) are engaged in REDD+ projects and programmes. Those that do not directly provide financing for REDD+ activities are a source of expert knowledge and experience which are essential in informing REDD+ implementation. Also important under the non-profit funding are what is termed “impactful investments” promoted by foundations whose main focus is to ensure that their investments, mainly coming from public and corporate sources are meaningfully put to use with the measurable impact on the ground without gain Based on the background studies, Foundations and Philanthropic instituitons relevant to Nigeria/CRS and REDD+ are: (i) the Rockefeller Foundation – US$ 350 million; (ii) Bill and Melinda Gates Foundation – US$ 38.3 billion; (iii)Ford Foundation – US$ 55 billion; (iv) Sindicatum Climate Change Foundation – US$ 100 million per year; (v) the Mary Robinson-Climate Justice Foundation – £50 million/year; and (vi) the Fredrich-Ebert-Stiftung (FES- Foundation for Social Democracy). Some of these foundations are already funding projects in Nigeria including the Bill & Melinda Gates Foundation to a tune of US$ 925 million for climate change resilience among communities and the Fredrich Ebert Foundation providing a total of US$ 535,443 for small-scale community projects on climate change, governance and empowerment. For a more detailed description of all potential funding sources, including innovative funding sources, refer to Awere-Gyeke (2016). 4.7 Benefit Sharing REDD+ has the potential to generate substantial benefits in addition to the reduction of greenhouse gas emissions. These include positive impacts on biodiversity and on sustainable development, including poverty reduction and strengthening indigenous peoples’ rights. Thus, if designed properly, REDD+ may produce a triple dividend – gains for the climate, for biodiversity and for sustainable development (Angelsen, 2008). In essence, REDD+ is a mechanism intended to provide an economic incentive to encourage developing countries to reduce carbon emissions through sustainable management of forests but also to provide non-carbon benefits upon which many rural and urban households depend. The study on incentives and benefit sharing (Awere-Gyekye, 2016) and on natural resources management and sustainable forest management (Muthui and Adedoyin) in the context of integrated analysis towards a REDD+ strategy for CRS, identified three (3) benefit sharing mechanisms that have operated in CRS and could be replicated countrywide among other states (Box 12). 43 Box 12: Experiences with benefit sharing at CRS level under different forest management regimes a. Management of plantations: Communities get 20% and CRS Government 80% of the proceeds from plantation management. b. Management of Community Forests: Communities get 70% and CRS Government 30% of the proceeds from community forest management. c. Co-management of Forest Reserves: Communities get 50% and CRS Government 50% of the proceeds from forest reserve joint management. However, communities in CRS would like to see this changed so that they get 60% and the CRS Government 40%. 4.8 Stakeholder Engagement Stakeholder mapping Stakeholder engagement is pivotal to successful REDD+ planning and implementation. It is important to conduct on the outset stakeholder mapping, i.e., who are the key stakeholders in REDD+ including those driving deforestation ad forest degradation, those impacted by deforestation and forest degradation, those assisting in addressing deforestation and forest degradation, and those who can potentially contribute to solutions of deforestation and forest degradation at different levels. These may include government bodies (MDAs – Ministries, Departments and Agencies), academia and research institutions, local communities, Community-Based Organizations (CBOs), Civil Society Organizations (CBOs), Private Sector (PS), Women and Youth Associations (WYAs), Media Organizations (MOs) and Faith Based Organizations (FBOs). Definition of Stakeholder Roles and Responsibilities Clear define the expected roles and responsibilities of each stakeholder. This is best done through an elaborated stakeholder engagement plan with clear and smart indicators. Strengthening participatory structures through capacity building Strengthening participatory structures at sub-national and national levels, with a view to enhancing stakeholder engagement in REDD including among others MDAs, CBOs, forest dependent communities, religious institutions, women and youth associations through provision of technical advisory services, goods, workshops, training and operating costs. Ensuring effective communication among all key stakeholders Developing and disseminating communication materials and tools pertaining to REDD+ implementation, including, among others, creation of a national REDD+ website to be hosted by the Federal Department of Forestry, use of public media such as TV and radio, development of policy briefs, newsletters, and brochures in local languages, and the use of pictorials, and other social networks at the local levels. Grievance Redress Mechanism (GRM) Develop a GRM mechanism guideline for states to follow including a comprehensive review of the capacities of relevant institutions and customary mechanisms for handling grievances. 4.9 Knowledge Management Establish coherent mechanisms at federal level, replicable at state level, to facilitate knowledge management experience sharing at state level including web-based platforms, use of social media and establishment of REDD+ knowledge centres, drawing from the experience of CRS. 44 5. STRATEGIC CONSIDERATIONS AT FEDERAL LEVEL What is critical for the federal level to successfully scale up REDD+ implementation in Nigeria? a. Use CRS experience as a learning platform to scale up REDD+ to other states. b. Review the National Forest Policy of 2006 to further align with Nigeria’s goals for REDD+; c. Enact the National Forestry Bill; d. Strengthen the institutional capacity of REDD+ Secretariat to effectively address its increasing responsibilities. e. Creation of a special window for REDD+ financing under the existing Ecological Fund which will require a decision at Federal level; f. Create an enabling environment (incentive mechanisms) for private sector investment in REDD+ activities; g. Put in place a fund management arrangement to channel, manage and coordinate financing for REDD+ implementation and results based payments; h. Organization of a National High-level Policy dialogue: The high level policy makers’ consultation/meeting for buy-in and support of high level policy makers for the REDD+ framework strategy; i. Launch of the national framework Strategy: By launching the national framework strategy, Nigeria will be demonstrating its global and national commitments to promote REDD+ through strategic policies, measures and targets. j. Continuous Engagement of Cabinet: The outcomes of the national high-level policy dialogue could be used to advance discussions at the cabinet level by the Honourable Minister of Environment; k. Mobilization of strategic partnerships: Organize targeted meetings with donors including those in-country and international, to discuss potential support for the REDD+ framework strategy. In addition, develop proposals and concept notes for resource mobilization and investments in REDD+; l. Transition from REDD+ Strategy design to implementation: With a REDD+ National Framework Strategy and Cross River State Strategy now completed, Nigeria is ready to move from REDD+ readiness to implementation; m. It will take political will and support from the federal level to states, given their varied forestry conditions, to support their policy and legal reforms in the context of REDD+ implementation; 45 n. If the 35 other states (apart from CRS) were to engage in REDD+, Nigeria would have to consider the scope of implementation for each of the states and provide appropriate guidance to facilitate its national reporting to the UNFCCC on GHG emissions reductions. This is because the 35 other states have varied forestry conditions and the REDD+ focus (based on the REDD+ objectives) could be different in each state. This would in turn affect the FREL/FRL calculation; o. The national programme should prevent leakage/reduce the risks of displacement of deforestation and forest degradation (emissions) to other states (e.g. through legal and institutional reforms, incentives schemes, financing mechanisms and instruments, etc.); p. Identify and provide guidance on measures to ensure effective communication and information sharing to enable stakeholder participation, equitable benefit sharing mechanisms and grievance redress mechanisms; and q. Propose and implement Knowledge Management actions to enable shared learning and adaptation, application of good practices, gender mainstreaming, capacity building and technology transfer. 46 6. REFERENCES Adewale, Aregbeshola R. 2011. The Political, Economic and Social Dynamics of Nigeria: A Synopsis. AISA POLICY brief Number 39 – February 2011. Angelsen, A. (ed.) 2008 Moving ahead with REDD+: Issues, options and implications. CIFOR, Bogor, Indonesia. Awere-Gyekye, K. 2016. Technical Annex 1: Financing Options for REDD+. Towards a REDD+ Strategy for Cross River State, Nigeria. Final Report under the “Development of the Integrated Analyses for a REDD+ Strategy in Nigeria with a Focus on Cross River State”. UN-REDD Nigeria. Bhorat, N., K. Naidoo and K. Pillay. 2016. Growth, Poverty and Inequality Interactions in Africa: An Overview of Key Issues. UNDP-RBA/WPS 1/2016. FAO. 2015. Global Forest Resources Assessment 2015. Food and Agriculture Organization of the UN. Rome, Italy. Federal Republic of Nigeria (FRN). 2014. Nigeria’s Second National Communication under the United Nations Framework Convention on Climate Change (UNFCCC). FGN, 2014. Federal Republic of Nigeria (FRN). 2015. Nigeria: Fifth National Biodiversity Report Submitted to the UNCBD Secretariat. FGN, December 2015. Federal Republic of Nigeria (FRN). 2011. National Programme Document: Nigeria’s REDD+ Readiness Programme 2012-2015. UN Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries. Matakala, P.W. 2013. Assessing financing, incentives and benefit sharing options and considerations for REDD+ Zambia. Consultancy report under the Zambia UN-REDD Programme. Matakala, P.W. and S.A. Okonofua. 2016. Assessment of Policy and Regulatory Instruments for REDD+ Strategy Development. Towards a REDD+ Strategy for Cross River State, Nigeria. Draft Report under the “Development of the Integrated Analyses for a REDD+ Strategy in Nigeria with a Focus on Cross River State”. UN-REDD+ Nigeria. Muthui, V.N. and S.O. Adedoyin. 2016. Natural resources and sustainable forest management: Towards a REDD+ Strategy for Cross River State, Nigeria. Draft Report under the “Development of the Integrated Analyses for a REDD+ Strategy in Nigeria with a Focus on Cross River State”. UN- REDD+ Nigeria. National MRV Working Group. 2016. Draft Forest Reference Emission Level/ Forest Reference Level for Federal Republic of Nigeria: a jurisdictional Approach focused on CRS. Nkor, B., C. Hicks, P. Maukonen, T. Salvatera and O. Odigha (Ed.). 2015. Nigeria REDD+ Readiness Programme – Beyond Carbon. Consultation and Joint Working Session on Spatial Planning for REDD+ in CRS. Consultation and Joint Working Session on Spatial Planning for REDD+ in CRS. UNREDD+ Programme, 30th October – 12th November 2014. Calabar, CRS, Nigeria. 47 NSDRA and FAO. 2015. Study on the drivers of deforestation and forest degradation in Cross River State. October 2015. NSRDA and FAO. 2015. Study on the drivers of deforestation and forest degradation in Cross River State (CRS). NSRDA and FAO, Abuja, Nigeria. NSWG, 2016a. Cross River State REDD+ Safeguards Principles and Criteria. Country Approach to Safeguards: Framework for Clarifying the Cancun Safeguards (v1.1). NSWG. 2016b. Risk-benefit analysis of REDD+ related policies and measures in CRS. Report incorporating results from December 2015 Stakeholder Forum, CRS, Nigeria; National Safeguards Working Group meeting, February, 2016; UN-REDD Safeguards component working group session, February 2016. Draft. Ochugbojju, S. 2016. Knowledge Management - Draft Report under the “Development of the Integrated Analyses for a REDD+ Strategy in Nigeria with a Focus on Cross River State”. UN-REDD+ Nigeria. Oku, G. and E. Guveya. 2016. Engagement of private sector in REDD+: Integrated Analyses for a REDD+ Strategy in Nigeria, with focus on Cross River State. Oyebo, M., F. Bisong and T. Morakinyo. 2010. A Preliminary Assessment of the Context for REDD in Nigeria. Study Commissioned by the Federal Ministry of Environment, the Cross River State’s Forestry Commission and UNDP with Support from Environmental Resources Management (ERM), 167 pp. UN-REDD+ Programme. 2015. Participatory Governance Assessment for REDD+ and Natural Resource Management in Nigeria. Draft of 7 October, 2015. World Bank. 2016. Doing Business 2016: Measuring Regulatory Quality and Efficiency. Washington, DC. 48 ANNEX 1: Assessment scores for four (4) key strategic objectives against safeguards criteria based on existing relevant PLR in CRS. Principle (a) That actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements (b) Forest Governance: Transparent and effective national forest governance structures, taking into account national legislation and sovereignty (c) Indigenous People and Local Communities.: Respect for the knowledge and rights of Indigenous Local Communities by taking into account relevant international obligations, national circumstances and laws (d) Stakeholder participation: The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities (e) environmental and Social Benefits and Risks: That actions are consistent with the conservation of natural forests and biodiversity (f) Reversals: Actions to address the risks of reversals (g) Displacement: Actions to reduce displacement of emissions. Criteria Consistent with the National Forest Policy, National Policy on Environment, National Policy on Climate Change, National Biodiversity Strategy and Action Plan, CRSFC Law, Sustainable Development Goals and Human Rights Clear land tenure, equitable distribution of incentives and benefits, gender equality, enhancing capacity Able to resolve disputes, define roles and responsibilities of stakeholders, reduce corruption, recognize local norms and rights and knowledge, avoid discrimination, ensure Free Prior Informed Consent (FPIC) stakeholders have participated, can review and monitor SEA, EIA, no adverse impacts, no forest loss Driver assessment done properly, provision of social and economic options, amenities and infrastructure. Address underlying drivers, implementation of REDD PaM across all ecological zones Strategic Objective Scores Against the Criteria Agriculture – Reduce deforestation and forest degradation from Agriculture through CSA. 2 1 2 3 1 2 3 Forestry – Reduce deforestation and forest degradation from National Parks, Forest Reserves and Community Forests 3 3 3 3 2 1 3 Energy – Reduce deforestation and forest degradation 2 2 2 2 1 1 3 49 from energy supply systems - wood based energy. Mining and Infrastructure development – prevent or reduce clearing of high carbon and high conservation value forests. 2 2 2 2 1 1 2 50 ANNEX 2: Opportunities for PLRs to be Safeguards Compliant to Achieve the Strategic Objectives Sector Strategic Objective Relevant PLRs Agriculture By 2030, reduced emissions and deforestation from subsistence and commercial agriculture through adoption of good agricultural practices that mitigate carbon emissions, including CSA. PLRs: i. Land Use Act ii. National Forest Policy iii. The Green Alternative: Agricultural Promotion Policy (2016-2016) iv. CRSFC Law v. Environmental Impact Assessment Act Safeguard Principles Criteria Scor e Opportunities (what needs to be done to ensure the PLRs are safeguards compliant to achieve the strategic objective) a) That actions complement or are consistent with the objectives of national forest programmes and relevant international conventions and agreements a1. The proposed REDD+ PaM should support the National Forest Policy(2006), National Policy on Environment (1999), National Policy on Climate Change (2012), National Biodiversity strategy and Action plan (NBSAP), CRS Forest Law (2010), and other relevant national and state PLRs a2. The proposed REDD+ PaM should support the United Nations Sustainable Development Goals 6, 7, 11, 12, 13, and 14, African Charter on Human and Peoples Rights and other relevant international conventions that Nigeria is signatory to. 2 i. Incorporate effective climate smart agriculture through appropriate agricultural development plans, policies and technology on landscape management architecture. ii. Coordination and synergies among all sectors. iii. Avoidance of policy silos and fragmented responses to land use issues. b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty b1. The proposed REDD+ PaM should clarify and strengthen relevant land tenure arrangements and natural resource utilization institutions at state and local level b2. The proposed REDD+ PaM should ensure equitable distribution of incentives and benefits from carbon and ecosystem services that are commensurate with the responsibilities for PaM implementation b3. The proposed REDD+ PaM should promote gender equality in its design and implementation b4. The proposed REDD+ PaM should contribute to enhance capacity to meet existing institutional mandates 1 i. Develop appropriate framework for ease of titling of forest lands – under Section 5(1)(g) of the Land Use Act (LUA), that is, to waive wholly or partly the conditions for registration of title for customary forest lands. ii. Institutionalize integrated inter-sectoral Land use planning and management. iii. Enforce accountability through ensuring effective enforcement and compliance monitoring of relevant CRS state laws including the CRSFC law. iv. Create payments for ecosystem services schemes to landholders of agricultural fields for maintenance of existing forests in areas that agricultural expansion is to be discouraged or limited. c) Respect for the knowledge and rights of indigenous peoples and members of local communities. c1. The proposed REDD+ PaM should, in addition to existing administrative and judicial recourses to justice, include, where necessary, procedures to resolve disputes among stakeholders (e.g. grievance redress mechanisms) as part of design, c2. The REDD+ PaM should define the roles, legitimacy and responsibilities of stakeholders to reduce corruption and enhance transparency and accountability c3. The proposed REDD+ PaM should identify, recognize and respond to local (particularly forest-dependent) communities’ cultural knowledge, norms, statutory and customary rights, which are consistent with the relevant policies and laws c4. The proposed REDD+ PaM should avoid all forms of discriminations, such as gender inequality, social stratification, vulnerability, language etc.c5. The proposed REDD+ PaM should support and promote free, prior and informed consent (FPIC) 2 CRSFC Law, The Green Alternative: Agricultural Promotion Policy (2016-2016) and National Forest Policy: i. Develop appropriate Grievances Redress Mechanisms; ii. Institutionalize Free Prior Informed Consent (FPIC), respect for local communities’ knowledge and generate benefits without gender bias; and iii. Develop protocol on the use of fire in agriculture. d) The full and effective d1. The proposed REDD+ PaM should ensure comprehensive identification, mapping and 3 Fully compliant 51 participation of relevant stakeholders, in particular indigenous peoples and local communities participation of all stakeholders that affect, or are affected by, the REDD+ PaM d2. The REDD+ PaM should incorporate regular stakeholder reviews of progress and challenges to improve implementation e) Consistency with the conservation of natural forests and biological diversity, ensuring that REDD+ actions are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits e1. The proposed REDD+ PaM should fully adhere to National Strategic Environmental Assessment and Environmental Impact Assessment requirements, as well as those of other international investors, where relevant e2. The proposed REDD+ PaM should avoid adverse impacts on natural forests and enhance biodiversity and other ecosystem services, both within and outside forests e3. The proposed REDD+ PaM should avoid adverse social impacts and promote and enhance economic and social well-being, with special attention to the most vulnerable and marginalized groups e4. The proposed REDD+ PaM should not convert natural forest to other land uses, including conversion from natural to planted forest 1 i. Define the concept of “forest” in CRSFC Law and National Forest Policy. ii. Institutionalize integrated inter-sectoral land use planning and management based on agro- ecological landscape approach. iii. Promote ecosystem valuation and guarantee the rights of local communities to provisioning services in their respective ecosystems for their livelihoods. iv. Develop methodological guidance for strict compliance with Environmental Impact Assessment provisions in commercial agricultural projects. v. Develop guidelines for implementation of Strategic Environmental and Social Assessment in line with international best practices. vi. Institutionalize certification schemes. vii. Operationalize Forest Trust Fund (s.20 of CRSFC Law) to “fund regeneration in depleted areas and general sustenance of the forest”. viii. Make EIA and Strategic Environmental and Social Assessment mandatory preconditions, with strong public participation, in the exercise of the powers of de-reservation – CRSFC Law f) Actions to address the risks of reversals f1. The proposed REDD+ PaM should enhance the assessment of socio-economic, financial, legal and political factors in the analysis of drivers of deforestation f2. The proposed REDD+ PaM should encourage the provision of livelihood options to all relevant stakeholders to reduce pressure on forest and ensure long-term financial and ecological sustainability f3. The proposed REDD+ PaM should encourage the provision of social and economic development options such as access infrastructure, amenities and other socio- economic services. F4. The proposed REDD+ PaM should encourage capacity building on best practices in the Agricultural, mining and infrastructural sectors 2 i. Develop appropriate strategies for the integration of agriculture and forestry practices, such as agroforestry, to address agricultural expansion and leakage. ii. Develop consensus on institutional roles and policy strategies. a) Actions to reduce displacement of emissions g1. The proposed REDD+ PaM should, in its design, address the underlying drivers of deforestation and forest degradation g2. The proposed REDD+ PaM should be considered for implementation across all the ecological zones in CRS 3 Fully compliant Sector Strategic Objective Relevant PLRs Forestry By 2030, reduced emissions and forest loss from National Parks (4000 km2), Forest Reserves (270 km2) and Community Forests (160 km2) PLRs: (i) CRSFC Law (ii) National Park Service Act (iii) National Forest Policy (iv) Environmental Impact Assessment Act Safeguard Principles Criteria Scor e Opportunities (what needs to be done to ensure the PLRs are safeguards compliant to achieve the strategic objective?) 52 a) Consistency with national objectives and international agreements a1. The proposed REDD+ PaM should support the National Forest Policy (2006), National Policy on Environment (1999), National Policy on Climate Change (2012), National Biodiversity strategy and Action plan (NBSAP), CRS Forest Law (2010), and other relevant national and state PLRs a2. The proposed REDD+ PaM should support the United Nations Sustainable Development Goals 6, 7, 11, 12, 13, and 14, African Charter on Human and Peoples Rights and other relevant international conventions that Nigeria is signatory to 3 Fully compliant b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty b1. The proposed REDD+ PaM should clarify and strengthen relevant land tenure arrangements and natural resource utilization institutions at state and local level b2. The proposed REDD+ PaM should ensure equitable distribution of incentives and benefits from carbon and ecosystem services that are commensurate with the responsibilities for PaM implementation b3. The proposed REDD+ PaM should promote gender equality in its design and implementation b4. The proposed REDD+ PaM should contribute to enhance capacity to meet existing institutional mandates 3 Fully compliant c) Respect for the knowledge and rights of indigenous peoples and members of local communities c1. The proposed REDD+ PaM should, in addition to existing administrative and judicial recourses to justice, include, where necessary, procedures to resolve disputes among stakeholders (e.g. grievance redress mechanisms) as part of design, c2. The REDD+ PaM should define the roles, legitimacy and responsibilities of stakeholders to reduce corruption and enhance transparency and accountability c3. The proposed REDD+ PaM should identify, recognize and respond to local (particularly forest-dependent) communities’ cultural knowledge, norms, statutory and customary rights, which are consistent with the relevant policies and laws c4. The proposed REDD+ PaM should avoid all forms of discriminations, such as gender inequality, social stratification, vulnerability, language etc.c5. The proposed REDD+ PaM should support and promote free, prior and informed consent (FPIC) 3 Fully compliant d) The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities [in REDD+ actions] d1. The proposed REDD+ PaM should ensure comprehensive identification, mapping and participation of all stakeholders that affect, or are affected by, the REDD+ PaM d2. The REDD+ PaM should incorporate regular stakeholder reviews of progress and challenges to improve implementation 3 Fully compliant e) Consistency with the conservation of natural forests and biological diversity, ensuring that REDD+ actions are e1. The proposed REDD+ PaM should fully adhere to National Strategic Environmental Assessment and Environmental Impact Assessment requirements, as well as those of other international investors, where relevant e2. The proposed REDD+ PaM should avoid 2 i. Provide in the policies and laws for adequate identification and mapping of ecologically sensitive areas. ii. Establish guidelines on logging, including reduced impact-logging. iii. Enhance measurement, reporting and 53 not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits adverse impacts on natural forests and enhance biodiversity and other ecosystem services, both within and outside forests e3. The proposed REDD+ PaM should avoid adverse social impacts and promote and enhance economic and social well-being, with special attention to the most vulnerable and marginalized groups e4. The proposed REDD+ PaM should not convert natural forest to other land uses, including conversion from natural to planted forest verification process (MRV). iv. Accommodate the rights of local communities to sustainable use of ecosystem goods and services for their livelihoods. v. Build the capacity of local communities for their effective engagement in community level compliance monitoring and adherence to provisions of relevant PLRs, such as the EIA Act, CRSFC Law and the Minerals and Mining Act. vi. Establish methodological guidance to enable local communities to make choices of desirable benefits based on social and environmental criteria. vii. Develop the Forest Sector Strategy (s.51 of CRSFC Law) which provides that the “conservation and sustainable management of forest resources and livelihood for the communities in the State shall be based on the forest sector strategy”. f) Actions to address the risks of reversals f1. The proposed REDD+ PaM should enhance the assessment of socio-economic, financial, legal and political factors in the analysis of drivers of deforestation f2. The proposed REDD+ PaM should encourage the provision of livelihood options to all relevant stakeholders to reduce pressure on forest and ensure long-term financial and ecological sustainability f3. The proposed REDD+ PaM should encourage the provision of social and economic development options such as access infrastructure, amenities and other socio- economic services.F4. The proposed REDD+ PaM should encourage capacity building on best practices in the Agricultural, mining and infrastructural sectors 1 i. Review the Policy on Forest Moratorium and ensure strict compliance with sustainable forest management practices; and develop stakeholder inclusive and responsive strategy for the implementation of REDD+ activities in CRS. The process should be tailored to address the current weaknesses in the implementation of the policy on moratorium and therefore create the enabling platform for sustainable management of all types of forests in the state. ii. Operationalize the National Forest Monitoring System. iii. Develop sustainable means of livelihood through the creation of enabling environment. iv. Ensure enforcement of PLRs and compliance monitoring. v. Develop sustainability strategy for projects to sustain and continue to enhance the community and biodiversity benefits after the conclusion of projects. vi. Build institutional capacity to address issues of reversals and leakage. vii. Operationalize the Forest Trust Fund provided for in s.20 of the CRSFC Law to “fund regeneration in depleted areas and general sustenance of the forest”. viii. Operationalize the provisions for the establishment of Land and Resource Use Plan and Management Plan (s.52 of CRSFC Law). ix. Operationalize the provision for the establishment of Forestry Reserve Fund in s.19 of CRSFC Law for forestry development. x. Develop carbon credit payments scheme as part of the incentive mechanisms for forest conservation with the active involvement of key stakeholders/host communities in the National Park and Forest Reserves. g) Actions to reduce displacement of emissions g1. The proposed REDD+ PaM should, in its design, address the underlying drivers of deforestation and forest degradation g2. The proposed REDD+ PaM should be considered for implementation across all the ecological zones in CRS 3 Fully compliant Sector Strategic Objective Relevant PLRs 54 Energy By 2030, reduced emissions and deforestation from energy supply systems, especially woodfuel based energy systems. i. PLRs: ii. Land Use Act iii. National Forest Policy iv. CRSFC Law v. Environmental Impact Assessment Act vi. National Renewable Energy and Energy Efficiency Policy Safeguard Principles Criteria Score Opportunities (what needs to be done to ensure the PLRs are safeguards compliant to achieve the strategic objective?) a) Consistency with national objectives and international agreements a1. The proposed REDD+ PaM should support the National Forest Policy (2006), National Policy on Environment (1999), National Policy on Climate Change (2012), National Biodiversity strategy and Action plan (NBSAP), CRS Forest Law (2010), and other relevant national and state PLRs a2. The proposed REDD+ PaM should support the United Nations Sustainable Development Goals 6, 7, 11, 12, 13, and 14, African Charter on Human and Peoples Rights and other relevant international conventions that Nigeria is signatory to 2 Need for policy coordination and synergies among all land use sectors. b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty. b1. The proposed REDD+ PaM should clarify and strengthen relevant land tenure arrangements and natural resource utilization institutions at state and local level b2. The proposed REDD+ PaM should ensure equitable distribution of incentives and benefits from carbon and ecosystem services that are commensurate with the responsibilities for PaM implementation b3. The proposed REDD+ PaM should promote gender equality in its design and implementation b4. The proposed REDD+ PaM should contribute to enhance capacity to meet existing institutional mandates 2 (i) Establish protocol to simplify access and dissemination of information in languages of local communities and other stakeholders. (ii) Strengthen institutional capacities and powers to fully implement provisions on gender equality in the CRSFC law and National Forest Policy c) Respect for the knowledge and rights of indigenous peoples and members of local communities. c1. The proposed REDD+ PaM should, in addition to existing administrative and judicial recourses to justice, include, where necessary, procedures to resolve disputes among stakeholders (e.g. grievance redress mechanisms) as part of design, c2. The REDD+ PaM should define the roles, legitimacy and responsibilities of stakeholders to reduce corruption and enhance transparency and accountability c3. The proposed REDD+ PaM should identify, recognize and respond to local (particularly forest-dependent) communities’ cultural knowledge, norms, statutory and customary rights, which are consistent with the relevant policies and laws c4. The proposed REDD+ PaM should avoid all forms of discriminations, such as gender inequality, social stratification, vulnerability, language etc c5. The proposed REDD+ PaM should support and promote free, prior and informed consent (FPIC) 2 (i) Reduce forest use conflicts, formalize the existing customary tenure rights over forestlands and foster gender mainstreaming. (ii) Institute measures to enhance capacity on efficient domestic energy systems. d) The full and effective participation of relevant d1. The proposed REDD+ PaM should ensure comprehensive identification, mapping and participation of all stakeholders that affect, or are affected by, the REDD+ PaM 2 (i) Secure active participation of underrepresented stakeholders, such women and vulnerable groups. (ii) Ensure that access to justice is sustained in 55 stakeholders, in particular indigenous peoples and local communities d2. The REDD+ PaM should incorporate regular stakeholder reviews of progress and challenges to improve implementation the context of participation through legal advocacy, appeal, and grievances redress mechanism. (iii) Promote adoption of appropriate protocol for the participation of stakeholders/ host communities in decision making processes and management of state-owned forest reserves – CRSFC Law review. e) Consistency with the conservation of natural forests and biological diversity, ensuring that REDD+ actions are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits e1. The proposed REDD+ PaM should fully adhere to National Strategic Environmental Assessment and Environmental Impact Assessment requirements, as well as those of other international investors, where relevant e2. The proposed REDD+ PaM should avoid adverse impacts on natural forests and enhance biodiversity and other ecosystem services, both within and outside forests e3. The proposed REDD+ PaM should avoid adverse social impacts and promote and enhance economic and social well-being, with special attention to the most vulnerable and marginalized groups e4. The proposed REDD+ PaM should not convert natural forest to other land uses, including conversion from natural to planted forest 1 (i) Provide in the policy and law for adequate identification and mapping of ecologically sensitive areas. (ii) Develop and implement guidelines on logging, including reduced impact-logging. (iii) Enhance participatory forest monitoring to contribute to the transparency and legitimacy of the measurement, reporting, and verification of forest carbon process. (iv) Clarify the rights of local communities to sustainable use of ecosystem goods and services and pursuit of livelihood objectives. (v) Develop a user-friendly framework for public access to approved EIAs and participation in the monitoring compliance of environmental management plans. f) Actions to address the risks of reversals f1. The proposed REDD+ PaM should enhance the assessment of socio-economic, financial, legal and political factors in the analysis of drivers of deforestation f2. The proposed REDD+ PaM should encourage the provision of livelihood options to all relevant stakeholders to reduce pressure on forest and ensure long-term financial and ecological sustainability f3. The proposed REDD+ PaM should encourage the provision of social and economic development options such as access infrastructure, amenities and other socio- economic services. f4.The proposed REDD+ PaM should encourage capacity building on best practices in the Agricultural, mining and infrastructural sectors 1 (i) Implementation of National Forest Monitoring System to track processes. (ii) Develop sustainable means of livelihood through the creation of enabling environment. (iii) Support for enforcement and compliance monitoring with the involvement of local communities. g) Actions to reduce displacement of emissions g1. The proposed REDD+ PaM should, in its design, address the underlying drivers of deforestation and forest degradation g2. The proposed REDD+ PaM should be considered for implementation across all the ecological zones in CRS 3 Fully compliant Sector Strategic Objective Relevant PLRs Mining and Infrastructure development By 2030, prevent or offset clearance of high carbon stock and high conservation value forests (HCVF) from mining, quarrying and infrastructure development programmes. i. PLRs: ii. CRSFC Law iii. National Park Service Act iv. National Forest Policy v. Environmental Impact Assessment Act vi. Minerals and Mining Act, 2007 Safeguard Principles Criteria Scor e Opportunities (what needs to be done to ensure the PLRs are safeguards compliant to achieve the strategic objective?) a) Consistency with national objectives and a1. The proposed REDD+ PaM should support the National Forest Policy (2006), National Policy on Environment (1999), National Policy 2 Make adequate provisions for conservation of biodiversity and ecosystem values in activities in the mining and infrastructure development 56 international agreements on Climate Change (2012), National Biodiversity strategy and Action plan (NBSAP), CRS Forest Law (2010), and other relevant national and state PLRs a2. The proposed REDD+ PaM should support the United Nations Sustainable Development Goals 6, 7, 11, 12, 13, and 14, African Charter on Human and Peoples Rights and other relevant international conventions that Nigeria is signatory to. sectors. b) Transparent and effective national forest governance structures, taking into account national legislation and sovereignty b1. The proposed REDD+ PaM should clarify and strengthen relevant land tenure arrangements and natural resource utilization institutions at state and local level b2. The proposed REDD+ PaM should ensure equitable distribution of incentives and benefits from carbon and ecosystem services that are commensurate with the responsibilities for PaM implementation b3. The proposed REDD+ PaM should promote gender equality in its design and implementation b4. The proposed REDD+ PaM should contribute to enhance capacity to meet existing institutional mandates 2 (i) Develop and institutionalize a protocol for advancement of cross-sectoral coordination and building of synergies across land use sectors in the granting of mining and quarrying rights and infrastructure activities. (ii) Operationalize the State Mineral Resources and Environmental Management Committee (iii) Revitalize the Cross River State Climate Change Council, which is the apex coordinating body on all climate change matters in CRS. with the State Executive Governor as the Chairman (iv) Develop methodological guidelines to stimulate stakeholder engagement (v) Develop mechanism to strengthen the force of public opinion in the EIA process c) Respect for the knowledge and rights of indigenous peoples and members of local communities c1. The proposed REDD+ PaM should, in addition to existing administrative and judicial recourses to justice, include, where necessary, procedures to resolve disputes among stakeholders (e.g. grievance redress mechanisms) as part of design, c2. The REDD+ PaM should define the roles, legitimacy and responsibilities of stakeholders to reduce corruption and enhance transparency and accountability c3. The proposed REDD+ PaM should identify, recognize and respond to local (particularly forest-dependent) communities’ cultural knowledge, norms, statutory and customary rights, which are consistent with the relevant policies and laws c4. The proposed REDD+ PaM should avoid all forms of discriminations, such as gender inequality, social stratification, vulnerability, language etc .c5. The proposed REDD+ PaM should support and promote free, prior and informed consent (FPIC) 2 (i) Empower communities and other stakeholders to ensure that activities in the mining and IS sectors are conducted in more environmentally sustainable manner, taking into account pollution control, social and environmental safeguards. (ii) Provide for the recognition and respect local communities’ knowledge and generate benefits. (iii) Institutionalize and integrate Free, Prior and Informed Consent of forest-dependent communities/key stakeholders into all relevant sectoral policies and laws. d) The full and effective participation of relevant stakeholders, in particular indigenous peoples and local communities [in REDD+ actions]. d1. The proposed REDD+ PaM should ensure comprehensive identification, mapping and participation of all stakeholders that affect, or are affected by, the REDD+ PaM d2. The REDD+ PaM should incorporate regular stakeholder reviews of progress and challenges to improve implementation. 2 (i) Amend section 19 (Establishment of State Mineral Resouces and Environmental Management Committee) of the Minerals and Mining Act to include representatives of communities, private sector and civil society to make it fully representative of key stakeholders. (ii) Provide effective stakeholders’ engagement mechanisms to address concerns of local communities mostly affected by the development. (iii) Regulate the processes of consultation and participation in environmental decision making. (iv) Make EIA and Strategic Environmental and Social Assessments mandatory preconditions, with strong public 57 participation, in the exercise of the powers of de-reservation. e) Consistency with the conservation of natural forests and biological diversity, ensuring that REDD+ actions are not used for the conversion of natural forests, but are instead used to incentivize the protection and conservation of natural forests and their ecosystem services, and to enhance other social and environmental benefits e1. The proposed REDD+ PaM should fully adhere to National Strategic Environmental Assessment and Environmental Impact Assessment requirements, as well as those of other international investors, where relevant e2. The proposed REDD+ PaM should avoid adverse impacts on natural forests and enhance biodiversity and other ecosystem services, both within and outside forests e3. The proposed REDD+ PaM should avoid adverse social impacts and promote and enhance economic and social well-being, with special attention to the most vulnerable and marginalized groups e4. The proposed REDD+ PaM should not convert natural forest to other land uses, including conversion from natural to planted forest 1 (i) Make provisions for conservation of biodiversity and ecosystem values in the activities of the mining and IS sectors in relevant legislation and procedural guidelines. (ii) Provide for offset planting in the grant of mining/quarrying rights and IS activities. (iii) Operationalize Forest Trust Fund (s.20 of CRSFC Law) to “fund regeneration in depleted areas and general sustenance of the forest”. (iv) Elaborate procedural guidelines and parameters for assessment of ecological values and sensitivity in EIA activities. (v) The CRS government should approve the draft CRS Forest Policy for the benefit of sustainable forestry development and the implementation of REDD+ in the State. The policy should be REDD+ compliant and provide the basis for a revised CRSFC Law which will serve as the enabling legislation. f) Actions to address the risks of reversals f1. The proposed REDD+ PaM should enhance the assessment of socio-economic, financial, legal and political factors in the analysis of drivers of deforestation f2. The proposed REDD+ PaM should encourage the provision of livelihood options to all relevant stakeholders to reduce pressure on forest and ensure long-term financial and ecological sustainability f3. The proposed REDD+ PaM should encourage the provision of social and economic development options such as access infrastructure, amenities and other socio- economic services. f4. The proposed REDD+ PaM should encourage capacity building on best practices in the Agricultural, mining and infrastructural sectors 1 (i) Implement a National Forest Monitoring System. (ii) Develop sustainable means of livelihood through the creation of enabling environment. (iii) Enforcement and compliance monitoring by invoking the necessary enabling instruments with active multi-level stakeholder participation. (iv) Operationalize Forest Trust Fund (s.20 of CRSFC Law) to “fund regeneration in depleted areas and general sustenance of the forest” and make the mining and IS sectors to contribute. g) Actions to reduce displacement of emissions g1. The proposed REDD+ PaM should, in its design, address the underlying drivers of deforestation and forest degradation g2. The proposed REDD+ PaM should be considered for implementation across all the ecological zones in CRS 2 (i) Provisions for and enforcement of stricter conditionalities in the grant of mining rights in forest reserves, community forest areas and critical ecosystems in the promotion of green growth economy. (ii) Amend section 19 of the Minerals and Mining Act to include representatives of communities, private sector and civil society. (iii) Institute appropriate monitoring and compliance mechanism for the enforcement of the provision of the Act with active multi- level stakeholder participation.