Safeguards at national level

How the safeguard is ADDRESSED

B1) TRANSPARENCY AND ACCESS TO INFORMATION

The draft Belize National Forest Policy 2015 provides for developing a comprehensive monitoring system and a platform for information sharing to serve as a basis for reliable data on national forest conservation status, management and the forest products market. Nevertheless, to date there are no laws or regulations establishing reporting procedures on the state of the forests or others related to transparency in forest governance.

It is worth mentioning that Belize has signed (but not yet ratified) the recent instrument called Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, 2018 (the “Escazu Agreement”), which guarantees the full and effective protection of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, among others. As Belize has not ratified the convention, it has no positive obligations in regards to it yet.

B2) EFFECTIVENESS AND INTERSECTORAL COORDINATION IN NATIONAL FORESTS GOVERNANCE

Land use planning is fundamental to support the preservation of the ecological integrity of natural resources while continuing to pursue activities necessary for economic and social development of communities. In this field, a comprehensive Land Use Policy was developed in2011, which was further updated and refined to include climate change issues and to address some of the land use changes that occurred between 2011 and 2018 (currently awaiting tabling and acceptance by the Cabinet). Additionally, the National Land Use Policy 2011, highlights the importance of developing a “[...]comprehensive and interactive Mapping System [that]…. will be able to supply information on current land use, land tenure and land suitability to…government departments [...]”

B3) FEEDBACK GRIEVANCE REDRESS MECHANISM

There are no institutions and laws in Belize, or international obligation, that establish the requirement to set culturally appropriate grievance mechanisms. However, the 2007 United Nations Declaration in Rights of Indigenous Peoples (UNDRIP) establishes the need to provide effective mechanisms for the prevention of, and redress for any form of forced population transfer (physical displacement) which has the aim or effect of violating or undermining any of their rights (art 8 (2) (c)).

MAIN POLICIES, LAWS AND REGULATIONS

How the safeguard is RESPECTED

Effectiveness and intersectoral coordination in national forest governance and other public policies related to REDD+ is generally challenging for developing countries, and Belize is not the exception. Despite the existence of certain regulations, such as the National Land Use Policy and specific activities established in the National REDD+ Strategy, efforts to improve the performance in regards to this safeguard need to move from paper to reality.

While there are no legal requirements regarding transparency and access to information, it is important to note that the Government established a Feedback Grievance Redress Mechanism (https://fgrm.bz/) in the early stages of the REDD+ Readiness Phase, with the aim of providing an online mechanism to effectively share information and address conflicts and grievances arising from the REDD+ Readiness Project activities.

ALIGNMENT OF THE NATIONAL REDD+ STRATEGY WITH SAFEGUARD B

Effectiveness in national forest governance
Pillar 1 “Strengthen Institutional Coordination, Legal and Policy Framework and Enforcement” aims at strengthening coordination between different government offices and addressing the institutional capacity weaknesses detected. It includes the strategic lines necessary to overcome those weaknesses and to change current inconsistencies and difficulties created by the existing legal framework, such as tax and land tenure, which act as drivers of deforestation and forest degradation.

Feedback Grievance Redress Mechanism
Strategic Line 2.2 “Institute Inclusive and Culturally Appropriate Community Engagement and Participation Mechanisms” of the National REDD+ Strategy promotes the strengthening of the grievance redress mechanisms in Belize from the earliest stages of REDD+ Readiness in order to facilitate handling of any request for feedback or complaint by stakeholders, with particular attention to providing access to geographically, culturally or economically isolated or vulnerable groups.

AREAS OF IMPROVEMENT

Despite efforts under implementation, the lack of full coordination and coherence of government policies is included as one of the major weaknesses of national forest governance, especially in the land use planning, forest conservation and rural development sectors. There are also conflicting public policies and a need to improve government implementation. In addition, ministries generally need clarity with regards to the current system of land tenure, land designation, etc. to understand current and future stress on forests and to define a geographically-based development plan (Jacobs et al. 2019).

MITIGATION MEASURES (MM) PROJECTED

In the REDD+ Environmental and Social Management Framework (ESMF), a number of MM were identified to avoid or mitigate risks associated with this safeguard, including the following:

• MM4.01.3d) Existing structures and processes are identified and used at community level to organize roundtables to discuss and resolve possible tensions between stakeholders regarding the accrual or sharing of REDD+ benefits. The meetings will be facilitated by a trusted person from within the community in a culturally appropriate manner, if necessary, with support from a professional mediator with appropriate language skills. Where no trusted person can be identified at community level, a professional mediator will be hired to facilitate the roundtables as needed. Participation of women and youths in such roundtables must be ensured.
• MM4.01.5a) An awareness and capacity needs assessment will be conducted within the government to identify ways to ensure inter-ministerial understanding of REDD+ and its importance and thus to secure coordination on and support of REDD+ across ministries.
• MM4.01.8a) This risk (4.01.8) is addressed by Strategic Line 1.3 "Improve coordination between government actors"(Pillar 1) and "Pillar 4: Forest Information and Monitoring". An information sharing mechanism (resulting from Pillar 4) is a prerequisite for proper coordination between government actors (SL 1.3) and it should be ensured that this is carefully designed and implemented, as well as an early warning system for monitoring and control of forest degradation and deforestation (SL 4.2).
• MM4.01.8c) Disseminate information about all the efforts undertaken within the REDD+ project framework to strengthen existing monitoring systems and capacities.
• MM4.10.4a) Capacity building of state actors will be carried out on Indigenous Peoples rights, traditional knowledge and systems and on the importance and ways to consider these in their work, thus promoting the creation of awareness at national level and a feeling of ownership at local level.

COMPLIANCE INDICATORS

• I4.01.d)-1 Description of how existing structures and processes were identified and are used for community level roundtables to discuss and resolve possible tensions over REDD+ benefits at project and subproject level and how participation of women and youth is ensured.
• I4.01.5a) A REDD+ Awareness Raising and Capacity Building Plan has been developed, targeting stakeholders from different government entities at national and subnational level in Belize.
• I4.01.8a) An Information Sharing Mechanism has been developed and implemented in line with Pillar 4.
• I4.01.8b) Description of actions and measures taken to improve coordination between government actors .
• I4.01.8c) An early warning system for deforestation and forest degradation has been developed and implemented, based on remote sensing and the involvement of local and indigenous communities in monitoring efforts.
• I4.01.8b) Description of actions and measures taken to improve coordination between government actors.
• I4.01.8e) Number of means of communication used and type of material produced.
• I4.10.4a) Number and description of capacity building activities carried out with state actors as set out in MM4.10.4a) with examples of how this gained knowledge can be used in practice to increase involvement and respect for IP rights, traditional knowledge and systems.

INSTITUTIONS, TOOLS OR INITIATIVES RELEVANT FOR SAFEGUARD B

• Feedback Grievance Redress Mechanism website: https://fgrm.bz/
• UN-REDD+ Programme (2018). REDD+ Academy Learning Journal: Good Governance (Edition 3). Available here
• FCPF/UN-REDD Programme (2015). Joint FCPF/UN-REDD Programme Guidance Note for REDD+ Countries: Establishing and Strengthening Grievance Redress Mechanisms. Available here

How the safeguard is ADDRESSED

C1) CONSULTATION WITH INDIGENOUS PEOPLES AND LOCAL COMMUNITIES

Although there are no specific domestic laws in Belize establishing special procedures for consultation with Indigenous Peoples or local communities during and/or after implementation of activities that may affect their rights, there are a number of policies and regulations that provide the basis for addressing this safeguard. In this sense, the National Forest Policy, 2015, specifically states that the development and management of natural forests on community-owned and managed land by Indigenous Peoples and rural communities will be promoted.

From another perspective, the Environmental Impact Assessment (EIA) Regulation, 1995, mandates that during the course of an EIA the developer shall establish a dialogue with stakeholders, including Indigenous Peoples and local communities, as it is addressed in more detail in Safeguard D.

C2) FREE, PRIOR AND INFORMED CONSENT (FPIC)

Belize's obligation to recognize the requirement for the FPIC procedure is established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), 2007, signed on the same year, as well as in judge-made law, derived from the case of the Maya Leaders Alliance and the Attorney General of Belize (Maya Leaders Alliance v. Atty. General of Belize, Judgment, 2015), endorsed by the Caribbean Court of Justice (CCJ) and recently reaffirmed in Jalacte Village v. the Attorney General. However, there is still no official legislation on the matter.

C3) LAND TENURE

‍Belize’s judge-made law affirms thatIndigenous Peoples’ (IP) customary and traditional legal rights to land and natural resources exist and are recognized in Belize. The case of the Maya Leaders Alliance and the Attorney General of Belize (Maya Leaders Alliance v. Atty. General of Belize, Judgment, 2015) recognized that Maya Peoples of Belize hold customary land rights over the land they occupy, which is equal to any other form of land ownership in Belize and is constitutionally protected. Additionally, the UNDRIP, 2007 adopted by Belize, requires members to ensure that IPs are not forcibly removed from their lands or territories and that no relocation takes place without the FPIC of the Indigenous Peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return (art. 10).
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Additionally, IPs’ customary and traditional legal rights to land in Belize were again upheld by the Supreme Court of Belize in the case of Jalacte Village v. the Attorney General.

Rights of access to natural resources
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The UNDRIP recognizes the rights of its IPs to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent (art. 28). It also establishes their right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources (art. 32).

Cultural heritage
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Regulation 19 of the Environmental Protection (Environmental Impact Assessment - EIA) Regulations, 1995, provides that an environmental impact assessment report shall include a description of the likely significant effects, direct and indirect, on material assets, including the natural heritage and landscape; and the Outstanding Universal Values ascribed under the World Heritage Site Designation to the area under development.

For the case of culturally valuable or sacred sites, the National Institute of Culture and History Act, 2000, provides that the Minister responsible for Tourism may make rules governing “archeological reserves”, which may specify penalties for any breaches of such rules recoverable on summary conviction thereof (sec. 68).  An “archaeological reserve” is an area of unalienated national land containing or adjacent to an ancient monument, or any area of alienated national land, title to which has reverted to the State, containing or adjacent to an ancient monument.

MAIN POLICIES, LAWS AND REGULATIONS

How the safeguard is RESPECTED

A first step to increase engagement and achieve empowerment is to promote a clear recognition and respect for the rights of all stakeholders, in particular Indigenous Peoples and local communities who live in or have a traditional dependence on forests, and rural women who work closely with forest resources but have historically been left out of the dialogue. This creates an understanding for the different interests and needs of stakeholders, builds trust and willingness to engage in REDD+ implementation, and can also help resolve or reduce potential conflict between stakeholders.

Land tenure
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It must be noted that there are no reports on land occupation nor relocation met with violent evictions for the purpose of economic or development projects in Belize. In the past, the government of Belize has not recognized IPs’ rights to certain lands; however, such “dispossession” was of a legal nature only and never took the form of forced relocation. While the Mayas and Garifunas had never had legal title to the lands they occupied for centuries, they have always remained in undisturbed possession of it. This is one of the reasons that explains the relocation of many Mayas from neighboring countries. Moreover, in the case of Jalacte Village v. the Attorney General, the Supreme Court ruled in favor of the Maya Peoples’ constitutional rights to lands, forcing the government of Belize to return the  lands to the village.

ALIGNMENT OF THE NATIONAL REDD+ STRATEGY WITH THIS SAFEGUARD

Regarding Indigenous Peoples and local communities’ rights to consultation, Pillar 2 aims to foster meaningful, inclusive, and culturally appropriate community engagement. Specifically it includes Strategic Line 2.1 “Enhance Recognition and Respect for the Rights of all Stakeholders” and Strategic Lince 2.2 “Institute Inclusive and Culturally Appropriate Community Engagement and Participation Mechanisms”.
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In terms of land tenure, Strategic Line 2.5 “Address Customary Land Tenure Issues, by creating appropriate norms and implementing existing rulings and internationally recognized rights”, proposes efforts in this field. The focus of this strategic line is two-fold. First it entails the creation of a legal framework that recognizes the land ownership of those local communities and IPs that live in, and depend on, natural forests. Second, beyond the formal recognition of the rights of IPs and IPs rights to inhabit and manage the lands they have traditionally owned, it focuses on implementing and enforcing them on the ground. In other words, it is key that laws and legal cases recognizing these rights be implemented and respected on the ground, such as the CCJ 15 Court Ruling.

AREAS OF IMPROVEMENT

Despite the UNDRIP and the country’s common law recognizing IP’s customary and traditional rights on traditionally occupied lands and to FPIC, specific regulations on this matter would strengthen these minority groups’ rights on the ground. It is worth noting that negotiations between and indigenous people to elaborate an FPIC procedure are undergoing.

MITIGATION MEASURES (MM) PROJECTED

In the REDD+ Environmental and Social Management Framework (ESMF) a number of MM were identified to avoid or mitigate risks associated with safeguard C, including the following:

• MM4.10.2a) Apply FPIC in any REDD+ activity of non-legal nature that affects IPs, in line with the IPPF. All four IP constituencies should be represented in the procedure, i.e. including the Western Yucatec Maya in the Cayo District.
• MM4.10.2b) Implement the Indigenous Peoples Planning Framework (IPPF) that has been prepared as part of the ESMF package, including FPIC as mentioned in MM4.10.2a) and an early screening process for all subprojects to identify possible risks and impacts on IPs and their livelihoods, with the participation of BENIC, representatives of the Western Yucatec Maya in the Cayo District (as long as these have not joined the BENIC) and partner entities. Where risks and impacts are identified in the screening, a detailed social assessment will be performed by a team of experts knowledgeable on Belize's IP, and an Indigenous Peoples Plan (IPP) will be prepared for the identification of adequate mitigation and livelihood restoration measures. For all stages of the process, meaningful consultation will be ensured through the involvement of the BENIC and/or representatives of the Western Yucatec Maya in the Cayo District (as long as these have not joined the BENIC), as applicable.
• MM4.10.2e) Disclosure mechanisms of relevant safeguards instruments (IPP, SocialAssessment Reports, LRP, etc.) will contemplate the use of cultural mediators for dissemination of information to IP communities.

COMPLIANCE INDICATORS

• I4.10.2a) Documentation exists on a) the procedure and b) the result of each FPIC process conducted as part of REDD+ activities that might affect IPs.
• I4.10.2b)-1 Description of screening and social assessment reports produced for the development of IPPs of REDD+ implementing subprojects.
• I4.10.2b)-2 PPs approved for subprojects performed under the National REDD+ Strategy, including culturally appropriate mitigation measures together with measurable indicators and adequate targets.
• I4.10.2e) Description of disclosure mechanisms of relevant safeguards instruments and of the use of culturally appropriate mechanisms.

INSTITUTIONS, TOOLS OR INITIATIVES RELEVANT FOR SAFEGUARD C

• Expert Mechanism on the Rights of Indigenous Peoples: Study on the theme of free, prior and informed consent (Maya Leaders Alliance, 2018)
• Guide for Maya Customary Use of Forest Resources (Toledo Alcaldes Association, 2015)
• FCPF/UN-REDD Programme (2012). Guidelines on Stakeholder Engagement in REDD+ Readiness With a Focus on the Participation of Indigenous Peoples and Other Forest-Dependent Communities. Available here
• UN-REDD Programme (2011). UN-REDD Programme Guidelines on Free, Prior and Informed Consent. Available here
• UN-REDD Programme (2013). Legal Companion to the UN-REDD Programme Guidelines on Free, Prior and Informed Consent (FPIC). Available here
• UN-REDD Programme (2013). Asia-Pacific Lessons Learned: Civil Society Organizations and Indigenous Peoples Representative Selection (in Cambodia). Available here

How the safeguard is ADDRESSED

D1) FULL AND EFFECTIVE PARTICIPATION OF RELEVANT RIGHTS HOLDERS FOR REDD+

Meaningful participation and continued engagement of all stakeholders, including private sector stakeholders, is critical to the successful implementation of all REDD+ and other related forest activities as it improves acceptance and awareness of REDD+, builds trust and creates ownership of and commitment to REDD+.

The country has in place multiple policies and plans to encourage meaningful and active engagement of communities in sustainable forest management. Among them, Belize Horizon 2030 explicitly supports “reforestation and sustainable local logging by communities to create jobs and reduce poverty” (GOB 2010, p. 28). The National Forest Policy encourages “the participation of all stakeholders in the planning and decision-making process for effective protection, security, management and development of the forest resources”. Moreover, the policy recognizes that “forest-dependent communities need to play a greater role in managing forest resources in Belize'', while also suggesting that “a national standard for certifying forests should be developed with the full participation of all stakeholders” (GOB 2015c, p.39).

The Environmental Impact Assessment (EIA) Regulations, 1995, also provides a number of provisions related to the full and effective participation in the EIA processes, stating that the EIA developer shall provide an opportunity for public consultations between the developer and interested members of the public, especially those within or immediately adjacent to the geographical area of the proposed undertaking. Similarly, the National Protected Areas System Act, 2015, in its Section 19, makes provisions for the involvement and participation of would-be displaced persons in the establishment of restrictions and measures related to the National Protected Areas System, as well as in the declaration, alteration, re-classification or revocation of a declaration of a protected area and the preparation of a protected area management plan.

Additionally, Belize has signed (but not ratified yet) the recent instrument called Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, 2018 (the “Escazu Agreement”), which guarantees the full and effective protection of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, among others. As Belize has not ratified the convention, it has no positive obligations in regards to it.

D2) VULNERABLE GROUPS

The draft Belize National Forest Policy, 2015, provides that the Government will ensure that women, youth and poor people are particular beneficiaries in the development of the forest sector by encouraging active participation of women and youth in decision-making, resource management and sharing of benefits. It goes on to state as a principle that the active participation of women and men, young people and the elderly, and other vulnerable or disadvantaged groups should be integrated into forest sector development (Principle 8). However, this approach is not enshrined in any domestic regulation yet.

MAIN POLICIES, LAWS AND REGULATIONS

How the safeguard is RESPECTED

In recent years, the country has made significant improvements regarding multi-stakeholders participation in its national forest governance, especially under the REDD+ Readiness Phase, for example, with the development of an Indigenous Peoples Desk and a REDD+ Indigenous Technical Coordinator. However, it should be noted that Belize has a large number of forest-dependent communities living in close proximity to forests which, on occasions, those rural groups, particularly women, are not sufficiently or appropriately involved in decision-making affecting forest resources.

ALIGNMENT OF THE NATIONAL REDD+ STRATEGY WITH THIS SAFEGUARD

Considering the above, the National REDD+ Strategy provides specific actions to address such improvement areas. In this sense, Pillar 2 “Increased and meaningful community engagement and empowerment”, aims to foster meaningful, inclusive, and culturally appropriate community engagement in discussions and activities related to REDD+ implementation. To do so, Strategic Line 2.1 “Enhance Recognition and Respect for the Rights of all Stakeholders” includes the development of a legal and policy framework that recognizes and respects rights such as the elaboration of an FPIC protocol in the case of Indigenous peoples. Strategic Line 2.2 “Institute Inclusive and Culturally Appropriate Community Engagement and Participation Mechanisms”, recognizes the importance of promoting adequate capacity-building for all stakeholders to participate, emphasizing those groups that have interests and rights in the forest resources of Belize, such IPs, and those in certain situation of vulnerability, such as women.

AREAS OF IMPROVEMENT

Further efforts are needed to implement an effective gender and inclusion approach in participatory process related to forest governance to ensure women are not left out of the decision-making process.

MITIGATION MEASURES (MM) PROJECTED

In the REDD+ Environmental and Social Management Framework (ESMF) a number of MM were identified to avoid or mitigate risks associated with safeguard D, including the following:

• MM4.01.5c) Under MM4.01.5s) participation of stakeholders will be maximized by providing the necessary means for stakeholder to be present at consultations (e.g. internet cards for virtual consultations, transportation, accessible venues, time, child care, etc.).
• MM4.01.3c) REDD+ subprojects, during their design include information sessions on benefits envisioned by the subproject and their sharing among individuals/communities affected by the subproject to increase transparency and manage expectations, ensuring adequate representation of Vulnerable Groups, such as IPs, women and youths
• MM4.12.1b) For all subprojects with a risk related to economic displacement identified in the screening, an ESIA will be conducted with special focus on identifying stakeholders affected by economic displacement, with special consideration of the most vulnerable stakeholders, including IPs, women and youths, and to agree with them on adequate eligibility criteria and compensation, considering gender-differentiated needs, which will be reflected in a Livelihood Restoration Plan annexed to the ESMP.
• For more examples please refer to MM in Safeguard C.

COMPLIANCE INDICATORS

• I4.01.5c) Description of measures taken to maximize participation of stakeholder, especially Vulnerable Groups, including women and youths.
• I4.01.3c) Number of participants in benefit sharing information sessions per subproject, separately listing IPs, women and youth.
• I4.12b)-2 Description of how gender-differentiated needs have been considered in determining eligibility criteria and compensation for subproject-level Livelihood Restoration Plans.

INSTITUTIONS, TOOLS OR INITIATIVES RELEVANT FOR SAFEGUARD D

• CEPAL’s website for the Escazu Agreement
• UN-REDD+ Programme (2018). REDD+ Academy Learning Journal: Stakeholder Engagement in REDD+ (Edition 3). Available here
• FCPF/UN-REDD Programme (2012). Guidelines on Stakeholder Engagement in REDD+ Readiness With a Focus on the Participation of Indigenous Peoples and Other Forest-Dependent Communities. Available here
• Government of Germany, Federal Ministry for Economic Cooperation and Development (2013). Participation and ConsultationStandards, Guidelines and Country Experiences: National REDD+ Processes
• UN-REDD Programme (2017). Methodological Brief on Gender. Available here
• UN-REDD Programme (2012). Implementing Gender-sensitive Effective and Sustainable REDD Strategies. Available here
• Center for International Forestry Research (2014). Adaptive Collaborative Management andImproving Women’s Participation

How the safeguard is ADDRESSED

E1) CONSERVATION AND SUSTAINABLE USE OF FOREST AND OTHER NATURAL ECOSYSTEMS:

In the case of land use change (deforestation and the clearance of mangroves), the main regulations are the Forest (Protection of Trees) Regulations, 1992, which prohibits the conversion of any species of primary hardwoods and secondary hardwoods or softwoods into lumber without having obtained a Licence (reg. 3); and the Forest (Protection of Mangroves) Legislation, 1989, that prohibits any alteration of mangrove in jurisdictional waters without previous permit from the Department of Environment. This prohibition applies both to privately-owned lands and public lands (reg. 3). Moreover, The Forest (Rules), 1971 provides for forest licenses and permits to exploit forest produce.

It is worth mentioning that, despite there being no laws that prevent the establishment of plantations that involve any conversion or degradation of critical natural habitats, the Environmental Protection (Impact Assessment) Regulations, 1995, requires an environmental impact assessment or studies depending on the location and size of the project, and establishes especial provisions for development within or in close proximity to critical habitats for protected, threatened or endangered species of flora or fauna. Additionally, the National Lands Act, 1992, provides an implicit prohibition on the clearing of lands for development purposes within Forest Reserves, and also prohibits the clearing of lands for development purposes within other protected areas, in line with the National Protected Areas System Act, 2015. Similarly, the National Biodiversity Strategy and Action Plan, 2016-2020, calls for the support of prioritized natural ecosystem maintenance through incentives for private landowners (p. 90); and amending legislation to incentivize location of new developments on degraded lands rather than removing natural ecosystems critical for climate change resilience (p. 61), among other things. Moreover, the National Protected Areas System Act,2015, calls for the maintenance of the provision of ecosystem goods and services important for national development, including but not limited to timber and non-timber forest products, genetic resources, water catchment services and others.

Definition of forest
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Despite there being no domestic laws defining forests, for REDD+ purposes the official definition used by Belize is “a plot of land with an area of 0.5 hectares or more, with trees 5 meters or higher, and a canopy cover of 30% or higher”. This definition also includes forest plantation and an ecosystem where, due to biotic conditions (terrain, soil type, rainfall, etcetera), the trees cannot grow higher than 5 meters (Belize Forest Reference Level 2001-2015).

E2) SOCIAL BENEFITS FROM REDD+

‍The National Protected Areas System Act,2015, regulates and promotes conservation incentives in the form of agreements between the Minister and an NGO, local community or other party or organization, for (a) the co-management of an area, or (b) the regulation activities that affect the environment in the area (sec.30 (1)). Similarly, the National Forest Policy, 2015, specifically seeks to promote the development and management of natural forests on community-owned and managed land by Indigenous Peoples and rural communities. Moreover, the Belize National Agroforestry Policy, 2020, suggests that forests need to be managed as productive ecosystems, pursuing options of sustainable logging, harvesting non-timber forest products, and generating environmental services (i.e. water protection and carbon dioxide sequestration).

Benefit sharing

Belize has no specific regulations on REDD+ benefits sharing yet. However, the Convention on Biological Diversity (CBD), 1992, adopted by the country, protects and encourages member countries to take measures for benefit-sharing on a fair and equitable basis of the results and benefits arising from the use of genetic resources (art. 19 (2)). Similarly, the National Forest Policy, 2015, establishes that the government shall create appropriate regulatory frameworks for forest-financing mechanisms and the sustainable generation and equitable distribution of benefits derived from those mechanisms for Indigenous Peoples and other local actors. Moreover, the right of Indigenous Peoples to access benefits from traditional forest land uses are also recognized and upheld by the courts of Belize (alacte Village v. the Attorney General), as referred to in safeguard C.

MAIN POLICIES, LAWS AND REGULATIONS

How the safeguard is RESPECTED

While some local communities are known to contribute to the conservation of forest and its resources and have done so for generations, practices used by others are also contributing to forest degradation and deforestation, especially those linked to deforestation practices due to large-scale intensive farming systems and infrastructural development, often export-oriented. Subsistence and slash and burn agriculture have also been linked to the forest degradation process, together with an increment of access to markets for food and agricultural products by small scale family farmers through linkages with the tourism and manufacturing sectors in the local market and exports. Moreover, there is a growing population of small integrating advanced technology and modern agricultural techniques.

ALIGNMENT OF THE NATIONAL REDD+ STRATEGY WITH THIS SAFEGUARD

Various activities planned in the National REDD+ Strategy will help to improve the implementation of this safeguard E, as follows:

Pillar 3 “Sustainable Forest Management and Conservation” aims to promote the sustainable management and conservation of forests to increase their environmental, economic and sociocultural benefits through enhancing ecosystems resiliency and functions, ensuring their sustainable utilization by forest users and stakeholders, increasing the supply of forest products, planning and implementing strategies and actions with realistic, positive impacts and measurable results, and maintaining or increasing forest cover in conservation and priority areas. Specifically it includes Strategic Lines such as 3.6. “Enhancing forest conservation through a set incentives and regulations”.

Additionally, the National REDD+ Strategy aims to strengthen EIA procedures with Pillar 1,  Strategic Line 1.2 “Develop clear criteria and procedures for the review of development plans connected to land allocation approvals and EIAs in which forest lands are involved”, emphasizing the work of the National Environmental Appraisal Committee (NEAC), and information availability and delimitation of land types, especially “forest reserves” and “agricultural lands” across the country.

Related to social benefits, Pillar 2, Strategic Line 2.3 “Support, enhance and reward the sustainable land and forest stewardship of local community and Indigenous Peoples” aims to understand, support, enhance and reward the land and forest stewardship of local communities and Indigenous Peoples. Also, Strategic Line 2.4 “Support, technically and financially, and Enhance Sustainable Development Initiatives and Livelihoods for Local Communities and Indigenous Peoples” aims to promote sustainable livelihoods and sustainable development initiatives for local communities and Indigenous People, providing capacity building and helping them to overcome challenges for accessing finance and maintaining alternative practices and technologies over time.

Similarly, Strategic Line 3.3 “Promotion of utilization of secondary hardwoods and lesser-known timber species” promotes in access to local and international markets and research in ecosystem-use studies in close association with the timber industries in order to manage the forest resource endowment of Belize for value addition and favorable economic returns (Note: this Strategic Line is being reviewed and may change).

AREAS OF IMPROVEMENT

There is a need to strengthen monitoring and law enforcement capabilities (for example, with resources, personnel, training, authority, etc.), to control degradation and deforestation inside and outside protected areas (Walker 2020, in Belize National REDD+ Strategy).

MITIGATION MEASURES (MM) PROJECTED

In the REDD+ Environmental and Social Management Framework (ESMF) a number of MM were identified to avoid or mitigate risks associated to safeguard E, including the following:

• MM4.36.1c) Where sustainable livelihood options are successfully established, availability of resources used and impacts resulting from their use get monitored beyond the runtime of the project and it is ensured that no over extraction with further impacts on people and nature occur over time.
• MM4.36.2a) Strategic line 3.3 Promotion of utilization of secondary hardwoods and lesser-known timber species will be designed to promote reduced impact logging practices, using best practice guidance such as Ellis and Ellis (2021) and IUCN (2006).
• MM4.09.2b) Belize's fire-control programmes are adjusted to increasingly involve local stakeholders in community-based fire management, as described in FAO (2011).
• MM4.09.2c) Belize's NFMS monitors forest fires and the information gets used to update any forest fire management plans and practices accordingly.

COMPLIANCE INDICATORS

• I4.36.1c) Description of how subprojects ensure that sustainability of sustainable livelihood options gets assured beyond the runtime of the subproject.  
• I4.36.2a) Description of how reduced impact logging practices are considered in the further planning and implementation of strategic line 3.3.
• I4.09.2b) Description of progress made in adjusting fire-control programmes/establishing community-based fire management.
• I4.09.2c)-1 Description of how Belize's NFMS monitors forest fires and the response strategies in place upon detection of irregular fires.

INSTITUTIONS, TOOLS OR INITIATIVES RELEVANT FOR SAFEGUARD E

• Department of the Environment website: information and tools for EIA, including EIA submitted in the link
• Belize Forest Reference Level (FREL) 2001-2015 and other submission to the UNFCCC
• National Biodiversity Strategy and Action Plan, 2016-2020
• UN-REDD+ Programme (2018). REDD+ Academy Learning Journal: Forest Reference (Emission) Levels for REDD+ (Edition 3). Available here
• Global Forest Observations Initiative (GFOI) (2015). Forest Reference Emission Levels and Forest Reference Levels: Extended Methodological Advice. Available here
• Global Forest Observations Initiative (GFOI) (2016). Integration of remote-sensing and ground-based observations for estimation of emissions and removals of greenhouse gases in forests. (Methods and Guidance Document, Edition 2.0)
• International Association for Impact Assessment (IAIA) (2018). International Best Practice Principles: Biodiversity and Ecosystem Services in Impact Assessment. Special Publication Series No. 8