4.1 Comparing Legal Frameworks for Carbon Markets

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• Annual contribution to local communities shall be as follows: (1)Land based projects: at least 40% of earnings (2)Non-land based projects: at least 25% of earnings
• “Section 23A(d) states that “(ii) emissions reductions that have been achieved in violation of human rights and without free prior informed consent; and (iii) emission reductions that have had significant negative social or environmental impact” will not be registered under national carbon markets mechanisms.” (Disputes are first addressed through mechanisms defined in project agreements, followed by mediation, and referral to the National Environmental Tribunal if not resolved within 30 days from the date of submission to each of the prior mechanisms
• “In projects involving local communities, prior informed consent by each individual participant or household representative shall be mandatory and shall be clearly outlined in the Stakeholder and Public Participation Plan.”
• Additionally, each Party is mandated to take appropriate, effective and timely measures to prevent, investigate and punish attacks, threats or intimidation that human rights defenders in environmental matters may suffer while exercising their rights.
• Disputes are first addressed through mechanisms defined in project agreements, followed by mediation, and referral to the National Environmental Tribunal if not resolved within 30 days from the date of submission to each of the prior mechanisms.