Feedback and Grievance Redress Mechanism

Definition

A Grievance refers to a complaint, a feeling of dissatisfaction, an injustice, a wrong doing, an accusation, or criticism. It may include queries, suggestions and comments. A grievance may be mistaken to be “a case”, however, the two concepts are different. A case is a question contested before Courts of justice or an equivalent legal process.

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Uganda’s REDD+ Feedback and Grievances Redress Mechanism (FGRM) is an organizational system and resources that have been established to receive and address concerns (grievances, complaints, feedback, etc.) about the impact of implementation of Uganda’s REDD+ Strategy and Action Plan on general public, especially, land owners, forest dependent indigenous people and stakeholders in forestry sector. The primary purpose of Uganda’s FGRM is to ensure that these stakeholders who may wish to raise concerns about actual or potential negative impacts arising from the implementation of national REDD+ Strategy and Action Plan, or who have disputes with public sector agencies in forestry sector (e.g., national Forestry Authority, Uganda Wildlife Authority, Forestry Sector Support Department, District Local Government) or other REDD+ stakeholders (e.g., NGOs, Private Sector players), have an accessible mechanism for raising and resolving their concerns and disputes.

Uganda is required by the UNFCCC to put in place an effective mechanism for grievances and dispute resolution as part of country readiness for entering the “Carbon phase” of REDD+ processes.

FGRM objectives

The key actions under this objective are:

  • Government should urgently involve the forest adjacent and forest dependent communities in resolving the urgent and more pressing forest conflicts such as those involving the lack of or uncertainty over forest boundaries in their communities to forest all conflicts and grievances related to boundaries;
  • Government needs to explore ways of defusing the wide perception/view by the community members that government officials/personnel managing forest resources
    are engaged in unethical and unprofessional conduct;
  • Government should also explore providing opportunities for alternative livelihoods to forest adjacent and forest dependent communities to balance their livelihood interests and conservation of forest resources.

The key actions under this objective are:

  • The executive arm of government needs to respond to the widespread calls to legitimize the LC structures at the lower levels (LCI and LCII) by holding elections for the respective positions to enable them to adjudicate in forest conflicts without any legal challenges to the decisions they make;
  • The proposed Forest Sector Support Department (FSSD) FGRM coordination office Secretariat should implement and monitor the FGRM process to ensure timely and effective response to forestry grievances and conflicts;
  • The FGRM coordination office Secretariat also needs to implement key capacity building programmes such as training and sensitization for the formal and informal mechanisms involved in the proposed mechanism to enable them to play a meaningful role in the detection, prevention and resolution of conflicts among forest stakeholders.

The key actions under this objective are:

  • There is need for Government to operationalize Forestry Committees as provided for in Section 63 of the National Forestry and Tree Planting Act, 2003 to support the operationalization of the FGRM
  • Government should consider revising the National Forestry and Tree Planting Act, 2003 to provide for the role of local governments in the management of central forest reserves (responsibility should be shared between LGs and NFA) in line with the recommendations of the Uganda Forestry Policy, 2001
  • Government should consider revising the exiting legal framework to introduce specific legal provisions that define carbon rights; provide elaborate procedures for  their registration; and remove all ambiguities in the definition of carbon rights ownership
  • Government should consider amending the National Forestry and Tree Planting Act, 2003 and regulations to provide for the application of CFM in all forest types as opposed to the current legal position where CFM is only applicable to only central and local forest reserves; and to increase initial CFM duration from 5 to 10 years
  • Government should consider appointing Honorary Forestry Officers in areas with major forest reserves to support the operationalization of the FGRM as well as, to act as the ‘eyes’ and ‘ears’ of NFA on the ground, champion conservation of forest reserves, and assist in the overall implementation of the National Forestry and Tree Planting Act, 2003
  • Government should consider revising the National Environment Bill, 2014 to expand jurisdiction of the Environmental Tribunal to cover REDD+ related disputes thus supporting the operationalization of the FGRM;
  • Government should provide capacity building and adequate resources to enable LC courts handle some of the REDD+ related disputes.

The key actions under this objective are:

  • Government, civil society and the private sector should build Uganda’s institutional capacity, including improving institutional coordination for the management of REDD+ funds with a view of avoiding potential institutional conflicts when REDD+ funds begin to flow into the country
  • Government, civil society and the private sector should put in place a well-designed climate finance delivery mechanism to ensure that financial resources are deployed to sectors that are most critical to the sustainable management of forests
  • Government and development partners should increase funding to build the technical and human resource capacity of the formal structures involved in resolving forest conflicts such as local councils, the judiciary, and environmental tribunal
  • NFA and UWA need to streamline the operations of their Public Relations Office (PRO) departments to connect with the wider public especially in the central forest reserves and national game parks as a means of mitigating potential conflicts and grievances
  • NFA should conduct regular assessments of the CFMs in various central forest reserves to review their operations and address grievances and conflicts related to benefit sharing and failure to fulfil obligations under such agreements by any of the parties involved

The key actions under this objective are:

  • The MWE should coordinate efforts to recruit FGRM secretariat staff and build their capacity to implement the FGRM through training and facilitation of their activities
  • The FGRM Secretariat should design a continuous strategy of building the capacity of all stakeholders in the forest sector on its operations and the overall activities aimed to detect, prevent and resolve conflicts

The key actions under this objective are:

  • Government should establish and facilitate the operationalization of the Collaborative Forest Management (CFM) arrangement in all communities depending on all categories of forest reserves
  • Government, through NFA and other stakeholders should be more pro-active in providing support to forest dependent communities who wish to implement the CFM arrangement by increasing the budgetary allocation of the CFM desk at NFA to enhance the capacity of the communities in implementing CFM
  • Government should identify, recruit and facilitate selected eminent ‘Honorary Forestry Officers’ within all communities depending on forests to champion the detection, prevention and management of grievances and conflicts in forest reserves.