pes in thailand cifor orapan_radda presentation_nov2014

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Legal and Policy Framework r Payment for Ecosystem Services (PES) in Thailand Orapan Nabangchang Presented by Radda Larpnun ional workshop on Payment for Environmental Services oi, Vietnam 25 November 2014

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Page 1: PES in Thailand CIFOR orapan_radda presentation_nov2014

Legal and Policy Framework for Payment for Ecosystem Services (PES)

in ThailandOrapan Nabangchang

Presented byRadda Larpnun

Regional workshop on Payment for Environmental ServicesHanoi, Vietnam24-25 November 2014

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Outline of presentation• The experience of date• On-going PES Projects

in Thailand• 20 Steps in the design

and implementation process

• Legal aspects of PES in Thailand

• Conclusion

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Wildlife Conservation

• Mai Khao Marine Turtle Conservation (Phuket)

• Adopting Elephant Project

• Gaur Conservation of Khao Pang Ma Conservation Network

• Hornbill Adoption prog. in Budo-Sungai Padi National Park

• Elephant Conservation by Elelphant Conservation Network in Kanchanaburi

Forest Conservation

• Carbon sequestration project in Inpaeng Community Network in Northeast (Carbon2 Markets Prog.2009)

• Klongrung Tree Bank in Chumphon province

• Restoration projects by private companies and state enterprise sector (Toyota Motor (TH), Coca-Cola, Petroleum Authority of Thailand (PTT), Electricity Generating Authority of Thailand)

PES-Like programs

in Thailand

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Ecosystem Ecosystem

Benefit from ecosystem

services

Better Benefit from ecosystem services due to

Additionally conservation and

restoration activities

Conservation and

restoration Activities

Measurement

Service Provider& ES beneficiaries (potential buyers)

Agreement/ContractAdapted from Marit Kragt,Michael Renton and Gabriela Scheufele presentation, 2013

ELEMENT of PES

Transparency

Additionality Conditionality Voluntary

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The experience to date• Most of the funding for natural resources conservation is primarily

CSR investments that result in producing ecosystems services. • Villagers involved in conservation activities are more like

wageworkers and not quite fitting the definition of service providers. • Challenge is to demonstrate the direct and indirect benefits of

ecosystems services so as to create real demands for the provision of ecosystems services which will be more difficult than fund raising for wildlife

• Inpaeng community project has all the components of a PES project That is, there are services providers involved in reforestation and sellers and there are baselines from which to measure the ‘additionally’. But why did this experience never take off elsewhere?

• Thailand doesn’t really have a ‘PES’ project

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16 PES projects at the design stage

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On-going PES Projects in Thailand (DNP)

Area Legal concerns Ecosystems services Project Proponent

Initial Source of Funding

Catalyzing Sustainability of Thailand’s Protected Area System Watershed forest about 300,000 rai in 3 villages (Mae Ga-Luang, Pa Morn, Khun Klang), Chiang Mai

Site located in protected area (Doi Inthanon National Park)

Watershed DNP UNDP-GEF

Nakhon SawanUthaitaniKampheng Phet

Site located in Klong Lan National Park and Huey Kha Kaeng Wildlife Sanctuary

Wildlife habitat DNP UNDP-GEF

Mae Wong National Park Wildlife habitatWatershed

DNP UNDP-GEF

Satun Province: Southern Region

Tarutao Marine National Park

Eco-tourism and recreational value

DNP UNDP-GEF

Eastern Forest Complex

3 Wildlife Sanctuaries and 5 National Parks

Wildlife habitat and watershed

DNP UNDP-GEF

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On-going PES Projects in Thailand (REO)

Area Legal concerns Ecosystems services Project Proponent

Initial Source of Funding

Community Forestry Based Catchment Management Mae Sa watershed, Chiang Mai

Protected Area WatershedRecreation

REO UNDP-GEF

Lam Sebai Community Forest, Northeast Thailand

Community Forest, Water supply and water purification functions

REO UNDP-GEF

Tha Chin river outlet, Central Thailand

Private land Water quality improvement Mangroves’ coastal protection function; fish spawning ground and habitat

REO UNDP-GEF

Phangan Island, Southern Thailand

Site located in Marine National Park

WatershedCoastal resources

REO UNDP-GEF

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On-going PES Projects in Thailand (BEDO)

Area Legal concerns Ecosystems services

Project ProponentInitial Source of

Funding

Ang Rue Nai Wildlife Sanctuary (ARNWS)

Site located in wildlife sanctuary therefore has high level of restriction regarding access

Wildlife habitat Biodiversity-Economy-Based Development Organization (BEDO)

Not yet identified

Klong prasong: Krabi Property rights unclear

Mangroves BEDO Local villagers who benefit

Thung Jor, Chiang Mai

Site located in wildlife sanctuary therefore has high level of restriction regarding access

Watershed BEDO Provincial Water Work

Pathiu district, Chumphon

Property rights unclear

Mangroves BEDO CPF a subsidiary of CP

Santisuk district, Nan Province

Property rights unclear

BEDO CPF a subsidiary of CP

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On-going PES Projects in Thailand (ECO-BEST)

Area Legal concerns Ecosystems services

Project Proponent

Initial Source of Funding

Dong Phayayen-Khao Yai Complex

Site locate Protected Area therefore has high level of restriction regarding access

Watershed ECO-BEST EU, German Government, RTG, Helmholtz university

Klong Nadi, Nakhon Sri Thammarat

Property rights unclear

Watershed ECO-BEST EU, German Government, RTG, Helmholtz university

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A detailed look at one of the pilot sites under CBFCM : MAESA Pilot Project

Target area and justification Watershed area in Pong Yang district which is the watershed of Mae Sa river Area is rich in biodiversity High risk of forest encroachment High risk of forest fires Intensifying problems of water contamination from agricultural chemicals in the upstream area and from elephant

sanctuary located in the midstream area Increasing competition for water use for agriculture, tourism and households

Ecosystems Services Watershed functionsRecreation-ecotourism

Activity Forest patrol to reduce rate of encroachment Making and maintaining forest fire lines Restoring watershed forests Increase efficiency in water usage (reduce water shortage downstream)

Indicator Reduced incidences of forest fire Increasing biodiversity Reduced area of degraded forests

Services Provider Local communities in Pong Yang Sub-district

Beneficiaries of ES (potential buyers) Water users in the midstream and downstream area (households, tourism sector)

Information gap There is inadequate baseline information on the status quo situation: Rate of deforestation Statistics on the incidences of forest fires Biodiversity resources Water flow Water quality Volume of water uses among different users

Economic Analysis of ES Needs to be undertaken both the benefits of ecosystems services as well as the costs, i.e., costs for undertaking conservation activities and opportunity costs for land use changes or changes in agricultural practices

Capacity Building Needs Technical skills in undertaking conservation activities Technical skills in collecting, compiling and analyzing the scientific information Training on economic valuation Management skills

Legal and Institutional issues Site is located in a Protected Area (Doi Suthep Pui National Park) and hence the issue of legitimacy of occupants and entitlement to be receiving reward and/or compensation

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The 20 steps in the design and implementation process

Step The progress1 Selecting the geographical area2 Cataloging the ES to be supplied3 Identifying the sources of ES demand4 Identifying potential ES supply5 Defining the type and degree of agent6 Selecting the ES buyers7 Securing funds to pay for the ES8 Determining the types of returns to ES suppliers9 Bio-physical modeling

10 Estimating marginal benefits of supply

Source: Jeff Bennett. Crawford School Australian National University

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The 20 steps (continued)Step The progress11 Estimating individual marginal cost12 Developing the payment system13 Selecting the ES suppliers14 Determining the payments from buyer15 Establishing the payment transfer mechanism16 Determining the supplier measure17 Establishing a monitoring18 Establishing a penalty non-compliance19 Contracting the ES20 Assessing the PES scheme

Source: Jeff Bennett. Crawford School Australian National University

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Legal aspects of PES in Thailand

• There is at present, no legal framework that directly concerns PES.

• There are laws that are relevant to the specific types of land, which are likely to be PES sites.

• Almost all of the PES and PES-like projects are located in public land which are covered by different pieces of legislation and varying levels of protection

• Existing legal framework is not ‘enabling’ by nature. • Some amendments or exemptions will have to be made

to allow service providers to carry out measures in public areas where there are ‘legal’ entry restrictions.

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• If the starting point is to pass a law, then it will be a long and drawn out process.

• However, the policy framework is supportive and there are laws which recognizes the role of local communities in natural resources management which can be used as references for ‘relaxing’ the restrictions imposed by the laws that aim first and foremost to protect the natural resources.

Legal aspects of PES in Thailand

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Conclusion

• Though lagging behind other countries in this Region, Thailand has benefited from the PES experiences of other countries.

• The on-going projects, though in their very earlier stages, demonstrated the complexities involved and stakeholders are already starting their learning processes.

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• Some of the projects discussed in this report, though called PES projects are essentially a modified form of CSR. There is nothing wrong with CSR projects, do not address missing markets, nor create incentives to undertake conservation measures on a sustainable basis.

• The existing legal framework though not explicitly endorsing the concept of creating incentives for service providers (particularly local communities), can be relaxed in specific cases if this would enable the implementation of pilot projects.

• Anticipating criticisms that PES can be used as a tool for legitimizing occupants in Protected Area, it must be made clear that payment is:• conditional,• Involvement does not in increase entitlement to property rights to land, or

rights of access to natural resources.

Conclusion

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• There is critical need for target group specific capacity building from the national level down to local communities. Of critical need appears to be training needs for those who are involved as counterparts in both CATSPA and CBFCM projects

• One of the major challenges is to create recognition of the benefits from ecosystems service. • There is a need for a formal institutional framework to create

tangible incentives for the private sectors.• Without strategic and innovative approaches to involve the

private sectors, CSR investments is most likely to be spread so thin and serving publicity purposes of private companies with little tangible outcome in improving the environment.

Conclusion

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• there is high potential for poverty alleviation with estimated number of forest-dependent people being between 1 to 2 million people

• All PES sites were selected primarily on considerations over the biophysical conditions of the sites.

• Although poverty alleviation was not the determining factor for sites selection, income effect is an expected outcome of all projects

Conclusion

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• There is potential as well as need to use PES as a tool for biodiversity conservation.– At present, biodiversity conservation in Thailand relies

heavily on legal measures. Without effective control measures, various pieces of legislations cited earlier have their limitations.

Conclusion

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Khob Khun Ka : Thank You : Ca’m O’n

[email protected] [email protected]