Consultancy to Develop a Revised National Opt-In Mechanism and Conduct Pilot Process Opt-inOReadiness Manual REVISED PT-IN MECHANISM OPERATION AND ADMINISTRATION MANUAL Under Institutional Strengthening in Support of Guyana’s LCDS – GRT/GF-13172-GY Prepared for the Ministry of the Presidency, Office of Climate Change by Development Policy and Management Consultants (Guyana) May 2017 Prepared for: Ministry of the Presidency Office of Climate Change Shiv Chandarpaul Drive Stabroek, Georgetown GUYANA Consultancy to Develop a Revised National Opt-In Mechanism and Conduct Pilot Process TRUST FUND REVISED OPT-IN MECHANISM OPERATION AND ADMINISTRATION MANUAL Contact: Mark Bynoe, PhD Managing Director Development Policy and Management Consultants [email protected] Tel: +(592) 225 3974 © 2017 Ministry of the Presidency, Office of Climate Change No part of this document may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from The Government of Guyana Development Policy and Management Consultants 23 William Street Campbellville Georgetown GUYANA Page 1 of 40 Opt-in Readiness Manual Page 2 of 40 Table of Contents 1. Introduction and Purpose .......................................................................................................................... 4 Opt-In Mechanism Framework .......................................................................................................................... 6 Part A - Village Readiness ................................................................................................................................ 7 Part B - Opt-In readiness activities ................................................................................................................... 10 2. Information and guidance.................................................................................................................... 12 3. Meeting Indicating Intent to Opt-In ....................................................................................................... 13 4. Receiving Feedback from the Government of Guyana ........................................................................... 15 5. Preparation of Village Management Plan .............................................................................................. 16 6. Technical assistance .......................................................................................................................... 17 7. Other Meetings .................................................................................................................................. 19 8. Resource mapping ............................................................................................................................. 20 9. Financial Matters................................................................................................................................ 22 10. Opt-In decision and Opt-out ............................................................................................................ 22 11. Independent Review of the OIM ...................................................................................................... 23 12. Independent Legal Advice ............................................................................................................... 24 Part C - Declaration of Free, prior and informed consent. ................................................................................... 31 Annex 1: Template: Expression Of Interest for Entities Wishing to Opt-In to the Government Sponsored REDD+ Program .......................................................................................................................................... 32 Annex 2: Expression of Interest (EOI) Cover Letter.................................................................................... 33 Annex 3: Form 1.......................................................................................................................................... 34 Annex 4: Form 2.......................................................................................................................................... 38 Page 3 of 40 1. Introduction and Purpose 1.1 The purpose of this Manual is to support the process of concluding and operationalizing the Opt-In Mechanism process for Villages/Communities wishing to reduce carbon dioxide emissions from deforestation and forest degradation in Guyana. The OIM process that commenced since 2009 with the preparation of a Concept Paper: on Developing a Framework for an Opt-In Mechanism by Amerindian communities, is now being revised and will be tested at Muritaro in Region 10, before being implemented nationally. 1.2 It is designed to be a guide to ensuring operational and administrative procedures are addressed in the implementation of the OIM in a manner consistent with the principles of Free, Prior and Informed Consent (FPIC). It provides the legislative parameters for operating an OIM and advice on sound organisational practices, with consideration for the effective and efficient management of Guyana’s forested resources for the benefit of all Guyanese. This Manual must be read in conjunction with the Opt-In Mechanism Framework document, the Agreement for Opt-In Mechanism, and the Trust Deed for the Operationalization of the Trust Fund. 1.3 Its target audiences include: Government of Guyana Officials Amerindian Communities/Villages Non-Governmental Organizations Community Based Organizations The Private Sector, and The Donor Community 1.4 The Opt-In process contemplates several steps which include: 1.4.1 A Preparatory Stage – Village Readiness. Prior to communicating a formal decision to commence the Opt-In process a Village should be ready to opt-in. In this regard there are certain preliminary requirements for the Opt-In process. The required preliminary steps are captured in this Manual in Part A under the heading – Village Readiness. Page 4 of 40 1.4.2 The Village readiness can form the basis of an initial application to the Government of Guyana indicating the willingness to commence Opt-In related activities. 1.4.3 It is suggested that when the elements of readiness are established, the Village can commence the Opt-In Readiness Activities identified in Part B – Opt-in Readiness Activities. These activities are outlined in Section 4.1 of the OIM Framework document. 1.4.4 It must be observed that a significant amount of time must be dedicated to the Opt-In readiness activities and therefore must commence early. 1.4.5 Additionally, there must be a full application of the various elements of free, prior informed consent. It is understood that FPIC will enable the Village to participate in decision-making processes, negotiate fair and enforceable outcomes, and even withhold their consent to a program if their needs, priorities, and concerns are not adequately addressed. 1.4.6 An important element captured in this Manual is the need for, and receipt of, independent legal advice on the eventual clauses of the final agreement. The Manual outlines a number of issues/functions that a Village/Community would be expected to perform. As such, it is important that partnerships be pursued where possible, to aid with some of the capacity constraints which some of the Villages/Communities might face. Page 5 of 40 Opt-In Mechanism Framework 1.1 The Government of Guyana (GoG) upon completion and finalization of the OIM shall indicate, through various media about its intent to operationalize the OIM. This public awareness campaign and information sharing shall be led by the [Office of Climate Change (OCC), Ministry of the Presidency]. The OCC shall be ably supported in this task by the Ministry of Indigenous Peoples’ Affairs (MoIPA), indigenous peoples’ organizations, and national and international non-governmental organizations (NGOs). 1.2 The GoG will outline the modus operandi for Villages/Communities wishing to Opt-In under any REDD+ or related Program being managed by the Government. 1.3 The Government may then advertise for communities/villages wishing to Opt-In to express their intent via an Expression of Interest (EoI), utilizing the format outlined in Annex 1. This EoI will outline the date by which the application should be submitted with the supporting documentation, with the requisite cover letter (Annex 2). Page 6 of 40 Part A - Village Readiness The Application Process 1.1 A Village which considers itself ready to commence the Opt-In process should apply to the Government of Guyana through the [Ministry of Indigenous Peoples Affairs (MoIPA)] indicating its readiness to Opt-In. The Application shall be in the manner and contain the information set out in Form 1 in Annex 3. 1.2 The application will be sent to the [Office of Climate Change (OCC)], within [indicate time for consideration of notice]; 1.3 Prior to receiving the first application, the OCC would set up a Technical Review Committee, whose mandate will be to check all applications to ensure they are ready to go forward, and if not, what information is outstanding and can be supplied within a defined time. This Technical Review Committee would be [Chaired by the Head of the OCC and have at a minimum, a representative from the MoIPA and another from NTC]. The Review and Approval Process 1.4 The Technical Review Committee, after reviewing the application will indicate to the Village whether the opt-in readiness activities can commence or whether additional information is required. The readiness activities to be carried out will include preparation of a Village Management Plan (VMP), establishment of an Advisory Oversight body and the collection of data to establish a baseline reference level. 1.5 If the additional information is required, the Technical Review Committee shall request additional information from the Village. 1.6 The request shall specify the information requested and the time within which the information should be submitted and by whom; 1.7 If the Village does not meet the criteria established for opting in, the decision of the Technical Review Committee shall be communicated to the Village, by the OCC, indicating the criteria which have not been met. Page 7 of 40 1.8 The Village may resubmit an application at a later stage; 1.9 The Terms of Reference for the Technical Review Committee shall include: 1.9.1 Being confidential in the execution of the assessments and not share or utilise information from outside of the specific documents provided by the Applicant to determine subsequent recommendation; 1.9.2 Provide written assessments to the OCC and the MoIPA consistent with the guidelines provided for assessing the applications based on the criteria outlined in the EOI; 1.9.3 Ensure that the information provided in assessment reports are logical and coherent and provides a clear basis for/of the proposed recommendation; 1.9.4 Clearly state recommendations for each Application assessed in one (1) of three (3) categories; approved, provisionally approve, or reject (Figure 1); 1.9.5 Re-assess proposals (if required); 1.9.6 Provide recommendation to the OCC based on features that may improve the evaluation process; Figure 1: Flow Chart for Receiving Applications Advertise for Expression of Interest by GoG Indication of Intent to Opt-In through letter of Intent or application via EOI sent to MoIPA Review of Application by a Technical Review Committee Provisionally Approve – More information to be supplied Reject Approved – Proceed to Opt-In Readiness Activities Page 8 of 40 Entering into an Opt-In Agreement 1.10 Once an application is approved a Village will be asked to enter into an Opt-In Agreement with the GoG. This Agreement, a draft of which is attached in annex 1 of the OIM Framework document, outlines the conditions and clauses that will facilitate possible benefit transfers to Villages and individuals. It also articulates the responsibilities of Villages and the GoG. 1.11 The Agreement will be in force, in the first instance, for up to ten (10) years, with the payment schedules clearly outlined. Payments for reducing carbon dioxide emissions associated with deforestation and forest degradation, and will be based on agreed national reference level, downscaled to the Village level. 1.12 Both the Village and the GoG will have the option to Opt-Out of the Agreement if: The Village finds that the Agreement is not working in the best interest of its constituency The GoG finds that the Village is not adhering to the criteria it has signed on to for three (3) consecutive years. 1.13 Independent review of the operation of the OIM will be carried out by an internationally accredited audit firm at least annually or as determined by the Parties to the Agreement. Page 9 of 40 Part B - Opt-In readiness activities 1.1 This Administrative Manual accepts that the eventual Opt-In Agreement cannot be validly concluded unless there is Free Prior Informed Consent (FPIC) of the Village. 1.2 There are several requirements for FPIC, including that FPIC process and outcome should be welldocumented and made publicly available. 1.3 With the objectives of FPIC in mind it is intended that a full record of the readiness activities be established and maintained. 1.4 It is further accepted that guidelines have been developed, specifically the UN-REDD Program Guidelines on Free, Prior and Informed Consent, these will provide additional guidance in the present process. 1.5 The relevant elements of FPIC emerging from the UN-REDD Program Guidelines on Free, Prior and Informed Consent, include: Free - Free refers to a process that is self-directed by the community from whom consent is being sought, unencumbered by coercion, expectations or timelines that are externally imposed: • Information is transparently and objectively offered at stakeholders’ request; • Process is free from coercion, bias, conditions, bribery or rewards; • Meetings and decisions take place at locations and times and in languages and formats determined by the stakeholders; and • All community members are free to participate regardless of gender, age or standing. Prior - Prior refers to a period of time in advance of an activity or process when consent should be sought, as well as the period between when consent is sought and when consent is given or withheld. • Prior implies that time is provided to understand, access, and analyze information on the proposed activity. The amount of time required will depend on the decision-making processes of indigenous peoples and other local communities; • Information must be provided before activities can be initiated, at the beginning or initiation of an activity, process or phase of implementation, including conceptualization, design, proposal, information, execution, and following evaluation; and Page 10 of 40 • The decision-making timeline established by indigenous peoples must be respected, as it reflects the time needed to understand, analyze, and evaluate the activities under consideration. Informed - Informed refers to the type of information that should be provided prior to seeking consent and also as part of the ongoing consent process. Information should: • Be accessible, clear, consistent, accurate, and transparent; • Be delivered in appropriate language and format (including radio, video, graphics, documentaries, photos); • Be objective, covering both the positive and negative potential of REDD+ activities and consequences of giving or withholding consent; • Be complete, covering the spectrum of potential social, financial, political, cultural, environmental impacts, including scientific information with access to original sources in appropriate language; • Be delivered in a manner that strengthens and does not erode indigenous or local cultures; • Be delivered by culturally appropriate personnel, in culturally appropriate locations, and include capacity building of indigenous or local trainers; • Be delivered with sufficient time to be understood and verified; • Reach the most remote, rural communities, women and the marginalized; and • Be provided on an ongoing and continuous basis throughout the FPIC process. Consent - Consent refers to the decision made by indigenous peoples and other local communities reached through their customary decision-making process. The collective right to give or withhold consent applies to all projects, activities, legislative and administrative measures and policies (and their associated processes and phases) that directly impact the lands, territories, resources, and livelihoods of indigenous peoples and other local communities. Consent must be sought and granted or withheld according to the unique formal or informal political-administrative dynamic of each community. Consent is: • A freely given decision that may be a “Yes” or a “No,” including the option to reconsider if the proposed activities change or if new information relevant to the proposed activities emerges; • A collective decision determined by the affected peoples (e.g. consensus, majority, etc.); • The expression of rights (to self-determination, lands, resources and territories, culture); and • Given or withheld in phases, over specific periods of time for distinct stages or phases of REDD+. 1.6 The principle of FPIC holds that communities should have the right to withhold consent at key decisionmaking points occurring both prior to and during a proposed activity. Page 11 of 40 1.7 The FPIC activities in the present context are divided into the subject heading below: 2. Information and guidance 2.1 The OCC and MoIPA will maintain and publish information about the OIM through various sources including those identified below. This information will be translated into contextually relevant dialect. 2.2 The information on the OIM will also be published on Website http://www.motp.gov.gy. The MotP maintains a website intended to provide general information about the OIM for current and potential Villages that may wish to Opt-In. Information will include the following: OIM Framework The Opt-In Agreement The Operating and Administrative Manual The Trust Deed Operating Manual of the Trust Deed, and Details on the Benefit-Sharing Scheme 2.3 The MoIPA and the OCC will host regular public awareness seminars, inclusive of within indigenous communities to popularize the OIM and to ensure persons and villages are fully cognizant about the implications of Opting-In or not Opting-In. 2.4 The OIM will develop flyers and a brochure intended for prospective applicants. The brochure will provide a general overview of the Mechanism, key contact information, and details on the OIM and opportunities for Villages/Communities. The brochure will be updated as appropriate on an annual basis. Brochures will be distributed through various sources including NGOs, Government Organs and Indigenous organizations. 2.5 Annual Report: The OCC, in collaboration with the MoIPA will publish an annual report at the end of each year after the operationalization of the OIM. This report will outline Project activities and accomplishments for each year, operating expenditures versus budget, beneficiaries (disaggregated by gender), partners and stakeholders, and individual project highlights. This report will be distributed to Page 12 of 40 participants in the OIM, development partners and the donor community, and indigenous peoples’ organizations. 2.6 In conjunction with the MoIPA, the OCC are expected to seek out opportunities to disseminate findings and results associated with the operation of the OIM to benefit other Villages which might be interested in Opting-In. 3. Meeting Indicating Intent to Opt-In 3.1 The Village Council in preparing the Village to Opt-In will schedule a Village/Community Meeting. The planning for this meeting will be the responsibility of the Village Council. Advertising of this meeting will be done via various media, inclusive of that most popular in the Village, inclusive of “word of mouth” and “bell cry”. 3.2 The Meeting will be held at a time most convenient for the Village/Community and one which will likely maximize participation. The Community will be informed of the meeting at least [two (2) weeks in advance]. The Meeting will also invite a representative from the MoIPA to observe the conduct of the meeting. 3.3 A meeting Agenda will be prepared outlining the purpose and salient issues to be covered. Distribute the meeting agenda at least [three (3) days] before the meeting and make sure everyone has access to any relevant background materials. 3.4 Participants, have the obligation of reviewing the agenda and background materials and arriving at the meeting prepared. If the Village Council has not provided adequate information about the objectives of the meeting, the participants should take the initiative to ask. No one should arrive at a meeting not knowing why they are there--and what is supposed to be accomplished. 3.5 Before the meeting commences the Village Council will appoint a rapporteur to compile the minutes of the meeting. 3.6 Start the meeting on time and end it on time (or even early). Starting on time requires discipline by the Village Council and the participants. Arriving late shows a lack of consideration for all those who were Page 13 of 40 on time. But if all participants know that the organizer is going to start the meeting right on time, there is a much greater likelihood that everyone else will make the effort to be punctual. 3.7 Finishing in a timely manner is also crucial. If everyone agreed that the meeting would last an hour, the meeting should not run any longer than that. Keeping the agenda realistic is important, of course. Finally, if only 20 minutes are required to accomplish the meeting objectives, the meeting should end after only 20 minutes. 3.8 Most groups have at least one person who tends to go off on a tangent or tell irrelevant war stories during meetings, even though Not all storytelling is bad; storytelling can be very useful if it is being used deliberately as a mentoring or teaching tool. Whether this is the organizer or one of the participants, all meeting participants have the responsibility of gently guiding the meeting back to the substantive agenda items. 3.9 At this meeting the Village will be presented with the objective of the Village of wanting to Opt-In to the GoG REDD+ program. The Meeting will also outline the pros and cons of opting in, inclusive of the benefit sharing model that will be applied. The Village Council will then put the option to Opt-In to a vote. If at least two-thirds of the Village members of voting age agree to Opt-In the Village Council will then be advised to formally write to the MoIPA of its intent to do so otherwise the proposal to Opt-In will not go forward. 3.10 The Meeting will be concluded with a clear statement of the next steps and who is to take them, inclusive of the Village Council writing to the MoIPA about its intent to Opt-In and providing the basic background information and supporting documentation. 3.11 If the Meeting concludes without a decision being reached because of sufficient understanding about the OIM, or insufficient information, the Village Council can request of the GoG for additional information and assistance in elaborating and explaining the purpose and benefits/costs of Opting-In. The GoG will respond to this request at least [a week] after receiving same. 3.12 After receiving the additional information and clarification the Village Council will convene another meeting to present the additional information to the Village. There should be no timeline by which a Village should be asked to vote to Opt-In, but rather, only when the Village indicates their proper Page 14 of 40 understanding of the OIM and their expected responsibilities under the OIM. After such, the Village will then be asked to vote. If at least two-thirds of the Village members of voting age agree to Opt-In the Village Council will then be advised to write to the MoIPA of its intent to do so otherwise the proposal to Opt-In will not go forward. 3.13 The Village Council will write the MoIPA about its intention to Opt-In, using the application form in Annex 3 and supporting its application with the requisite supporting documentation. 4. Receiving Feedback from the Government of Guyana 4.1 Once the Government of Guyana, via the MoIPA receives the application, it will log this in a log book and provide a letter of acknowledgement indicating that said application was received. The letter would also include a timeline by which the Village can expect to receive a feedback on the application. 4.2 The application will then be forwarded to the OCC and a Technical Review Committee meeting scheduled at least two weeks after receiving the application by the OCC. After convening the Technical Review Committee meeting, the decision of the Committee will be conveyed to the Village at least [one week] after the meeting with regards to the decision reached. 4.3 Once feedback is received from the GoG, the Village will again convene a meeting to discuss the decision reached and how the Village intends to proceed. If the Village is approved to Opt-In then there will be a number of other activities that it will have to undertake. 4.4 Once the decision is taken to opt in, the Village will appoint an Advisory Oversight Body. The main function of this body will be to: 4.4.1 Provide advice and feedback on the overall OIM performance for the Village, Village priorities and other critical areas for strategic direction; 4.4.2 Periodically assess the extent to which the overall objectives for Opting-In are being attained; 4.4.3 Provide inputs into the Community Development Plan (CDP); 4.4.4 Facilitate communication with the GoG and other partners that may bolster implementation success or remove obstacles; Page 15 of 40 4.4.5 Participate in periodic monitoring and evaluation activities of the OIM being implemented in the Village; and 4.4.6 Share information related to Village priorities, specific Community Monitoring Reporting and Verification (CMRV) needs, and on-going or planned projects being pursued. 4.5 The Advisory Oversight Body will be Chaired by the Village Council and will be comprised of representative from the GoG, i.e., MoIPA, the NTC, an Indigenous NGO, and a member of the private sector. At least [three members] being present will constitute a quorum, with one of those members being the Chairperson of the Body. 4.6 The Advisory Oversight Body will meet at least once [every three months] or at any other time deemed necessary. Members will be informed of meetings of the Advisory Body at least two weeks in advance. Further, the first meeting will appoint a Secretary, whose primary role will be to facilitate the meetings, compile the minutes of the meetings and disseminate the minutes, along with an Action Sheet reflecting tasks to be followed up and the time within which feedback is to be provided to the Body. 5. Preparation of Village Management Plan 5.1 The Purpose of the Village Management Plan (VMP) is to any resources received from avoided deforestation or reduction in forest degradation are spent, in large measure to the benefit of the Village. The VMP is a plan that outlines the desired development according to the local inhabitants of the village for the quality of life within the village and in the immediate surroundings. Essentially, the VMP identifies issues (ecological, social, and economic) and provides a statement on how a community envisions its development over the next few years and what actions are required to realise that vision. 5.2 The Village, through a consultative and participatory approach, will work to develop its VMP. This Plan will outline: 5.2.1 Identifying the problems, needs or objectives – What is the problem? What is needed to make our village better? What are the things we want to achieve? Page 16 of 40 5.2.2 Identifying the various ways in which the problems can be solved, needs met, or objectives achieved. 5.2.3 Finding the most suitable and commonly acceptable ways of solving the problem, meeting needs or achieving the objectives. 5.2.4 Describing the solution or the project, including the detailed design, budget, technical inputs required, how it is to be constructed or undertaken, how it will be maintained, who will do each of these parts of the work, etc. 5.2.5 Implementing the project and managing it, including the monitoring, reporting, auditing processes. 5.3 The Village will also develop a resource map for the Village to better identify resources that may complement the OIM, as well as calculating the opportunity cost of opting-in to the REDD+ Program. The full template for completing the tasks associated with the VMP is attached as Annex 4 of the OIM Framework document 6. Technical assistance 6.1 The Government of Guyana will appoint an Opt-In Expert Group. The purpose of this group will be to, inter alia, engage Villages/Communities in detailed communications about the OIM, identify capacity constraints in the Villages, articulate the benefit-sharing mechanisms that will be implemented, and outline how payments will be made. 6.2 The GoG would also identify the channel of communication to allow the village easy access to the Expert Group. 6.3 This expert group should be comprised of representatives from the GoG (GFC, MoIPA, & OCC), academia, NTC, an indigenous organization, and an NGO. This group can either work as a collective or be divided to address specific issues. This Group may also recruit specific skills set that may be Page 17 of 40 deemed necessary from time to time to assist the Villages/Communities to be benefit fully and effectively from the OIM. At a minimum, this Group will be charged with: 6.3.1 Providing guidance on the expected net monetary benefits [payments – (opportunity costs + transaction costs + implementation costs)]. Payments will utilize the national reference level method along with the Reducing Balance Scale for deforestation rates that are higher than the agreed baseline. Alternatively, it would be able to utilise the performance standard based on a fixed set of criteria, 6.3.2 Providing technical guidance on, inter alia, the preparation of the VMP; the process to establish the Oversight Group; the MRVS; and C-MRVS, 6.3.3 Assist the communities/Villages in completing their VMP and Community Mapping exercise, and 6.3.4 Providing guidance on how forestry related activities including forestry and mining would be addressed. 6.4 The exact program per Village will be determined after a capacity assessment and resource mapping exercise is completed. 6.5 The costs associated with the technical assistance being provided will be borne by the GoG. 6.6 Other stakeholders, such as the World Wildlife Fund (WWF), Conservation International (CI) (Guyana) Iwokrama Rainforest Programme (IRP), indigenous organizations, the North Rupununi District Development Board (NRDDB), the University of Guyana, donor community and academia, along with individuals with specialists skills will be encouraged to assist Villages through formal and informal channels to make them both Opt-In ready and compliant going forward. 6.7 The assistance from other partners/stakeholders will be in the form of both technical assistance and monetary contribution. Page 18 of 40 6.8 To allow for synergies, complementarity and synchronization, the Villages will work with the GoG to identify capacity gaps and areas for assistance. A plan will then be prepared, using the expertise of the Expert Group. This plan will identify who will likely assist in what particular area, what resources they will provide and over what time. The Plan will also detail the expected result at the completion of the particular assistance being provided. 6.9 [The cost associated with the technical assistance being provided by the other partners will be borne by the GoG, or where a cost-sharing arrangement can be worked out, this will be pursued] 7. Other Meetings 7.1 Once the VMP, CDP, resource mapping and other Opt-In readiness activities are completed, the Village Council will be responsible for the implementation of the OIM at the Village level. In seeking to operationalise the OIM at the Village level, the Village Council will call a meeting of the entire Village to outline the start-up date and remind Villagers of their responsibilities. Hereafter, the Village Council will schedule monthly meetings of the Council to assess progress towards implementation of the CDP and the VMP. Additionally, quarterly meetings will be held with the Village in the first instance to apprise them of implementation progress. 7.2 All meetings will have an agenda that will be circulated at least [three days] before a meeting. Additionally, any supporting documents necessary for the meeting will be shared with the invitees at that time. 7.3 The minutes of the meetings will be recorded in a Minutes Book with an Action Sheet, detailing actions to be taken, by whom and in what time, will be crafted and shared with those who are expected to execute the actions. This Action Sheet will be circulated no more than [one week] after the meeting. Page 19 of 40 8. Resource mapping Purpose of Resource Mapping 8.1 The first step in the mapping phase is to determine what resources need to be collected in order to provide the information necessary for making informed decisions about change. Sources of information extend far beyond those traditionally assessed. There is a tendency to view resource mapping solely as a natural resource exercise. Resource identification should not be limited to forests and mining activities; the identification of resources should also include human resources, technical assistance, inckind resources, academic and technical standards, organizations that share similar goals and objectives, youth and adult services, and supportive policies. Not only are new resources identified during the mapping process, but utilization of current resources is examined. The primary question is whether current resources can be used differently to help meet your goal or whether new resources are critically needed. 8.2 Consider the following questions when selecting a focus for collecting data: What do you want to map? How will certain resources help meet your goal? How easy will certain data be to collect? Consider that certain data can be collected at any time with ease, while other data are time-specific and more difficult to obtain. How often does certain data need to be collected or updated in order for decisions based on this information to be timely and accurate? Which specific audiences or stakeholders may use this data? Gathering information and data 8.3 Different methods can be used to gather information. The information collection methods you select depend on the type of information you want and the stakeholders who are sharing the information. Possible methods include visual observation, local knowledge, questionnaires, surveys, interviews, focus groups, roundtable discussions, to name a few. Look beyond traditional sources when collecting information about resources. No single collection method can provide all the necessary information to Page 20 of 40 support good decisions. Remember, much data already exists within your community and is available for your use, such as land use plans, land use surveys, and land management plans. 8.4 A significant first step in the resource mapping data collection process is to scan your community for existing and potential resources. An environmental scan includes an analysis of both the external and internal issues that are likely to affect resources for Village. Specifically, you need to determine what your community has to offer that will assist you in meeting your goals. For example, a Village issue may be insufficient resources to effectively address training needs. The scan is not meant to be allinclusive, but rather to stimulate thought on emerging issues and trends and, in turn, to stimulate discussion about future strategic directions and planning concerning resource provision, use, alignment, and maintenance. 8.5 Consider the following questions when developing the information collection plan: What kinds of information should be collected? How much relevant information already exists, and how can you access it? How will information be collected? Will you select or develop collection instruments? What is your timeline for collection? How much should collection cost? How will collection responsibilities be determined? How will the information be organized and analyzed? How will you handle missing information? How will the information be shared with stakeholders? What kinds of problems can be expected? 8.6 There are a number of considerations when selecting information to collect and study. It is up to you to determine the criteria that your collection method must meet. To help with those decisions, some criteria for selecting the most appropriate data are listed below. Credibility—information that is accurate and relevant to your VMP/CDP; Practicality—information collected without too much disruption; Timeliness—information produced in time to meet stakeholder needs; Page 21 of 40 Accuracy—information that is relevant and trustworthy; Ease—information that is easily analyzed; Objectivity—information collected by objective personnel; Clarity—information that is clear and understandable to numerous audiences; Scope—information that provides answers without unnecessary detail; Availability—information that is easily accessible (i.e., existing data); Usefulness—information that addresses current stakeholder concerns; Balance—information that represents a multitude of perspectives and values; and Cost effectiveness—information worth the expense to collect. Communicating and Using Mapped Data/Information 8.7 It is important to engage stakeholders in the results of your mapping. The information gained from the mapping process can be used to help stakeholders make decisions on whether to improve, develop, and/or continue new and existing practices, should the Village Opt in or not. It also can be used to increase awareness, conduct public relations, and motivate individuals and organizations to improve their performance. Throughout the analysis of the map, keep your goals in mind, and think about how you want to present your findings to meet the needs of diverse audiences and ultimately improve your performance outcomes. 9. Financial Matters 9.1 All matters related to the financial operation of the OIM at the national and Village levels are detailed in the Trust Deed Operating Manual and are therefore not repeated here. 10. Opt-In decision and Opt-out 10.1 The decision to Opt-in shall be made and supported by a majority decision of a duly constituted meeting of the village. 10.2 Opting Out 10.2.1 Both the Village and the Government are permitted to Opt-Out of the Agreement. Page 22 of 40 10.2.2 The decision to Opt-Out cannot be an arbitrary or capricious decision but should be based on an appropriate procedure, as well as should be based on sound reasons. 10.2.3 The decisions to Opt- Out can be in the form and manner set out in Form 2 in Annex 5. 10.2.4 The decision should be communication to the Government of Guyana through the [Office of Climate Change]. 10.2.5 The Parties may seek to address the reasons indicated for opting out through an appropriate grievance or dispute resolution mechanism. 10.2.6 If resolution cannot be reached, the decision of the Village to Opt-Out should be accepted by the Government of Guyana. 11. Independent Review of the OIM 11. 1 Independent Review of the OIM will occur at two (2) levels, i.e., the National and Village Levels. At the national level, the GoG will hire an internally recognized/accredited auditing firm not associated with the OIM to conduct an Independent Review of the OIM [once every five year], or a time deemed more appropriate for the Parties. The cost for the review of the OIM will be borne by the GoG. At the Village/Community level, the review will also be done [once every five years], but this cost will be borne by the Village/Community. 11.2 The Terms of Reference (ToR) for the conduct of the Independent Reviews will be developed by the Technical Advisory Body of the OIM. The ToR will outline the process to be followed, areas to be covered, draft list of persons/entities to contacted, identification of lessons learnt, and recommendations to improve the functioning of the OIM. Page 23 of 40 12. Independent Legal Advice 10.1 The Village should obtain independent legal advice prior to concluding the Opt-in Agreement. 10.2 The independent advice would relate to the potential clauses contained in the Opt-in Agreement the text is contained herein as Appendix 1 of the OIM Framework Document 10.3 There are particular clauses which are included which require particular attention. These should be explained and understood. 10.4 The approach is to identify the clauses and thereafter indicate whether they have been explained and understood. 10.5 These clauses are: Page 24 of 40 Subject Specific Clauses Section 4 - The Project Sale and Purchase. - The Village agrees to sell and the Government agrees to purchase verified emission reductions (“VERs”) subject to and in accordance with the terms of this agreement. Project Activities The Village shall manage their land and forest in order to decrease greenhouse gas emissions from deforestation and degradation and increase carbon sequestration (“Project Activities”) in accordance with the project plan in Schedule 2 (the “Project Plan”). Project Area The land on which the Project Activities will occur (the “Project Area”) is the area that is described in Schedule 3. Explained? Yes No Understood? Yes No Section 5. Delivery of Verified Emission Reductions. 5.1 Delivery and Acceptance On June 1, ………… and each [June 1] thereafter (the “Delivery Date”) through June 1, 2026 (the “Agreement Term”), the Village shall deliver, and the Government shall accept, all of the VERs issued to the Project during the preceding year from [June 1 to May 31], inclusive (each such delivery and acceptance, a “Transaction”). Explained? Yes No Understood? Yes No Section 6. Payments 6.1 Price The Contract Price is U.S. $5 per VER delivered under this agreement. Annual Payment = (diff between D.F & R.L) x Forest Area x Carbon Stock (tons/ha) x Carbon Price where D.F = actual deforestation rate R.L = reference level of 0.45 Page 25 of 40 Carbon Stock = 367 tons/ha (pending implementation of full MRV systems) Carbon Price = U.S$5 per ton Explained? Yes No Understood? Yes No 6.2. Statement. As soon as practicable after the Delivery Date for a Transaction, the Village shall send to the Government a written statement (the "Statement") showing for such Transaction: (a) the quantity of VERs delivered; (b) the Contract Price; (c) the date of delivery; (d) any amount owing from one party to the other; (e) the net amount payable from one party to the other after taking into account all of the above (the “Statement Amount”); and Explained? Yes No Understood? Yes No 6.9 Distribution of Payments [Benefit Sharing Framework] Payments made by the Government pursuant to this Agreement shall be distributed in accordance with the manner set out in Schedule 4. Explained? Yes No Understood? Yes No Section 7. Representations and Warranties 7.1 General Representations Each party represents 7.2. Village Representations The village was granted title by instrument The decision to enter into this agreement was be made by two thirds of the village at a meeting convened for this purpose and duly advertised and recorded. The decision has been formally communicated to Government, through the [Ministry of Indigenous Affairs]. Page 26 of 40 That an accurate resource map of resources has been conducted That this agreement is entered into freely and voluntarily. Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No 7.2. Government Representations Payments Approaches to Payments Distribution of Benefits Section 8. Validation and Verification National Monitoring and Verification Methodology A national approach? A community based approach? Section 9. Failure to make delivery Section 10. Independent Audit Independent Auditor 10.1 During the Term and for a period of this agreement and five [NUMBER] years after Page 27 of 40 the Termination Date, the Parties shall may conduct or be subject to annual an audit for the following purposes: to verify the accuracy of the information submitted under this Agreement; to review the integrity, confidentiality and security (of…) to review any records created [during the term of this Agreement]; to review any books of account kept by the Parties in connection with the provision of this Agreement; to carry out the audit and certification of the Village’s accounts; to verify the accuracy and completeness of reports delivered or required by this Agreement. Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Section 11. Events of Default Section 12. Remedies Section 13. Dispute Resolution and Grievance Mechanism Utilisation of existing mechanisms Negotiation Mediation Arbitration Litigation Explained? Yes No Understood? Yes No Page 28 of 40 Section 14. Opting Out 14.1 The Village may, on written notice, withdraw from this Agreement. 14.2 Prior to the delivery of the written notice the Village shall: 14.2.1 convene a meeting to discuss its Opting Out 14.2.2 obtain a majority of two-thirds of the village members; 14.2.3 organise a village meeting with representatives from Government to discuss its Opting Out request and the implications which principally would mean no more payments but also could have implications for Opting In again. 14. 3. The Village may withdraw from this Agreement for [Insert Reasons for Withdrawal] Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Traditional Clauses Section 15. Force Majeure Section 16. Confidential Information Section 17. Assignment Section 18. Waiver Page 29 of 40 Section 19. Entire Agreement Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Explained? Yes No Understood? Yes No Section 20. Severability Section 21. Counterparts Section 22. Notices Section 23. Variation and Amendment Section 24. Taxes Page 30 of 40 Part C - Declaration of Free, prior and informed consent. The Village hereby declares that the Agreement is entered through the completion of a process which has concluded with our full and informed consent. Page 31 of 40 Annex 1: Template: Expression Of Interest for Entities Wishing to Opt-In to the Government Sponsored REDD+ Program To: The Office of Climate Change Thru Ministry of Indigenous Peoples Affairs From: [Representative of the Village] Designation Date: Expressions of Interest for [Villages] wishing to Opt-In to the Government-sponsored REDD+ Program are being invited from. Eligible Villages will be those that show evidence of the following: Have convened a special meeting for Opt-In and duly advertised to ensure that villagers are informed and represented. Prior to voting, the village must clearly state its comfort with the level of information and access to information to aid its decision making. Ensure that voting was conducted in accordance with the Village by-laws. The agreement to Opt-In is supported by a two thirds majority decision of a duly constituted meeting of the village, not just the Village Council. A relevant representative of the GoG, through the MoIPA, was present to observe the process. The village/community proves that they own the land they are proposing to opt in by way of their Certificate of Title (CoT). The village/community opts in their entire titled land. This application is expected to commence [date], for a period of [10 years], and is available to all eligible Villages. Please contact the [insert contact name and detail], should you wish further information. Expressions of Interest, with supporting documentation and a cover letter should be sent to [insert name, title and contact details] by [insert date and time]. Page 32 of 40 Annex 2: Expression of Interest (EOI) Cover Letter Date: To: Sub: Expression of Interest (EOI) for the Consultancy Service Dear Sir/Madam, This is in response to your public notice published in […………………………] on […………………], inviting expression of interest for survey for Villages to Opt-In to the Government sponsored Reducing Emission from Deforestation and Forest Degradation (REDD+), we hereby submit our expression of interest. We have attached necessary information according to the advertisement. The information furnished by us in this expression of interest is correct to the best of our knowledge. Based on this information, we understand you would be able to evaluate our proposals in order. We remain Sincerely yours, On behalf of the Village: Authorized Signature: …………………………. Name of signatory: Designation:……………………………… Page 33 of 40 Annex 3: Form 1 FORM 1 GUYANA Dated this [day] of [Month], [Year] To: The Government of Guyana From: [Inert Name of Village] [Village Contact person] Notice of Intention Readiness to Opt-in By meeting of the …… Village on [ date of meeting] it was resolved by more than 2/3 of the population of voting age that the Village indicate to the Government of Guyana that it is ready to commence a process to conclude an agreement related to […………………………….] insert specific purpose: This Notice is supported by the following information: 1. Village Title 1.1. Does the Village possess title to Village lands? Yes No 1.2. If yes, please attach a copy of title as well as a map of the Village lands. 2. Village Council List Names of Members of Village Council Page 34 of 40 3. Population Please indicate the population demographics of the Village 3.1. Males above the age of 18 3.2. Males below the age of 18 3.3. Females above the age of 18 3.4. Females below the age of 18 4. Ecosystem diversity, carbon stocks, biodiversity and uniqueness 4.1. Please describe Ecosystem diversity: 4.2. Please describe carbon stocks, biodiversity and uniqueness: 4.3. Please describe biodiversity and uniqueness: 4.4. Please describe Biophysics and ecology: 5. Threat to forest resources Please identify threats to forest resources: Page 35 of 40 6. Social, economic and culture 6.1. Please describe social, elements of the Village: 6.2. Please describe economic elements of the Village: 6.3. Please describe cultural elements of the Village: 7. Village Development Plan 7.1. Has the Village prepared a Village Development Plan? Yes No 7.2. If yes, please attach a copy of the copy of the Village Development Plan. 8. Community Development Plan 8.1. Has the Village prepared a Community Development Plan? Yes No 8.2. If yes, please attach a copy of the copy of the Community Development Plan. 9. Reasons for opting in Please indicate reasons for the decision to pursue the opt-in process: 10. Desired benefits Please indicate desired benefits from the opt-in process: Page 36 of 40 11. Intended Opt-in Activities Please indicate Opt-in project plans: Page 37 of 40 Annex 4: Form 2 FORM 2 GUYANA Dated this [day] of [Month], [Year] To: The Government of Guyana From: [Inert Name of Village] [Village Contact person] Notice of Intention to Opt-Out of Opt-In Agreement By meeting of the …… Village it was resolved that the Village indicate to the Government of Guyana that it intends terminate the Opt-In agreement made and dated the …………… day of [Months], [Insert Year] This Notice is supported by the following information: 1. Village Council List Names of Members of Village Council 2. Date of Village Meeting at which decision to Opt-Out Convened Page 38 of 40 3. Number of members of Village present at the Meeting a. Males above the age of 18 b. Males below the age of 18 c. Females above the age of 18 d. Females below the age of 18 4. Tally of Votes of the Meeting Number of Votes to Opt-Out Number of Votes not to Opt-Out 5. Reasons for the decision to Opt-Out Please identify reasons for the decision to Opt-Out: 6. Timeline a. Please indicate the time period from which Opting-Out the process of opting-out is to commence and conclude: 7. Village Development Plan a. Does Opting-out impact the Village Development Plan? Yes No b. If yes, please indicate impact on the Village Development Plan. 8. Community Development Plan a. Does Opting-out impact the Community Development Plan? Yes No Page 39 of 40 b. If yes, please indicate impact the Community Development Plan. 9. Does the Village possess sustainable alternative livelihoods subsequent to the decision to Opt-Out Yes No Page 40 of 40
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