Legal contracts between resource owning communities and Carbon Tanzania

REDD projects require long term commitments between the forest-owning communities and the project developer in order to deliver genuine, high integrity carbon credits that avoid emissions through reduce deforestation while improving livelihoods and protecting biodiversity. Contracts guarantee that both parties are aware of this long-term commitment and of each parties’ responsibilities. 

The contract between the forest communities of the Ntakata Mountains and Carbon Tanzania, the project developer is 30 years. This includes the two years it takes to develop and certify the REDD project. Before contracts are signed Carbon Tanzania conduct introductory meetings with community members that focus on free, prior and informed consent (FPIC) to ensure the rights of the communities are upheld during the development of the contract.

Many laws & regulations in Tanzania are designed to allow for localised ownership & management of resources and affairs. This is enshrined in the Village Land Act 1999, the Forest Act 2002 and the Local Government Act 1982 on which the Ntakata Mountains project is founded. These acts form the foundations of the contract that guides project activities and responsibilities, making it clear that the villages and the District have complete agency over their by-law enforcement, forest protection and financial management systems. 

The existence of laws does not always guarantee that they become part of local government or community life and business, so we have learned that the process of implementing project activities with the associated need for all stakeholders to understand their rights and the law is the best way to make legal requirements real. We have worked with all stakeholders through various processes of education, training and facilitation to both understand the legal position, but to also understand the practical actions required to fulfil obligations of the law.