DLA Piper
DLA Piper is based around the world and our people share a common purpose when it comes to tackling climate change. In 2007, we launched a Climate Change Project in tandem with New Perimeter, DLA Piper’s non-profit affiliate dedicated to providing pro bono legal support for projects of global concern.
We recognise that forests are an essential part of any solution to climate change. Huge amounts of carbon are stored within them, and they have a significant influence on regional weather patterns. However, we are also keen to see them preserved for reasons of biodiversity conservation and because of the ecosystem services that they provide.
The project was designed to facilitate small groups of subsistence farmers to generate carbon credits through afforestation and reforestation. The second part of the project was provided in order to make available legal services to subsistence farmers.
Launched as part of our Global Sustainability Initiative, the Climate Change Project was designed to enable small groups of subsistence farmers in Kenya, Tanzania and Uganda to generate carbon credits through afforestation and reforestation – essentially transforming bare land into lush groves. These carbon credits can be sold to offset greenhouse gas emissions.
For the second half of the project, we provided a range of legal services to subsistence farmers in coordination with the International Small Group and Tree Planting Program (TIST) and the International Women’s Human Rights Clinic at Georgetown University Law Centre. We reviewed the legal issues facing the subsistence farmers, including land tenure and ownership, organizational structures and the contracts needed to create and protect the rights of farmers generating and selling carbon credits to global customers. Next, we researched all of the applicable statutes and regulations in the three countries and identified the relevant issues regarding ownership of land, trees and carbon credits. We then worked directly with the farmers in two African countries to understand the demands and circumstances of their work and help secure an organizational structure that would meet their needs as well as satisfy the requirements of international carbon credit protocols.
In addition, we are part of The Prince's Rainforest Project (PRP), which was established in October 2007 by HRH The Prince of Wales to highlight the need to reduce tropical deforestation. The PRP has asked DLA Piper to assist with certain legal aspects of its work. This has included the preparation of a report detailing the legal issues connected with environmental and land tenure laws of several rainforest countries and the treatment of indigenous people in the context of forest conservation schemes.
Through preparing the report on legal issues connected with environmental and land tenure laws of rainforest countries, we found the primary task was to research international norms and principles of forest conservation, maintenance of biodiversity and land tenure as well as the state of the law in several rainforest nations. This required field work in Peru, Guatemala and Columbia to gain an understanding of the legal issues inherent in conservation at a local level and under local law.
The reports we produced dealt with specific country conditions as well as the conceptual difficulties presented by the term 'indigenous peoples', the types of rights afforded to them by international treaties and conventions and the potential difficulties in enforcing these rights.
The result, expected to be realized over several years, will be to reduce the devastating effects of deforestation, drought and famine in these poverty-stricken areas while providing long-term revenue for the small group participants through the sale of greenhouse gas credits.
Again in terms of the PRP work the results are not immediate but it is hoped the report will play a part in helping make forest conservation schemes more viable and ensure that they take into account the rights of those who live in the regions involved. In effect, we have been able to use our technical legal knowledge to help preserve the world's natural resources.
We also proposed recommendations on a best practice international benchmark for the treatment of indigenous peoples that could be applied in the management of forest conservation schemes.