B2.6.2. Grievance redress mechanisms for REDD+
REDD+ implementation may result in impacts on the dynamics of conflicts over forest resources, land and other resources in forest areas.[1] Effective mechanisms to address contentious issues, complaints and disputes during REDD+ implementation, collectively referred to here as Grievance Redress Mechanisms (GRMs), are considered an integral part of addressing and respecting the Cancun Safeguards in Viet Nam.
The implementation of existing relevant GRMs in Viet Nam was assessed against seven international principles for effective REDD+ GRMs in 2015.[2] This assessment identified the importance of local mediation within the framework set out in the Law on Grassroots Mediation (2013),[3] including the following roles:
Grassroots Mediation Group at the community level act as focal points to receive, process, and provide an initial response to the grievances of local residents, coordinate with the Front Working Committee, Women's Union, Youth Union, Veterans' Association, Farmers' Association, Elderly Association, mediation teams and other organizations and individuals in mediation activities at the grassroots level. Make recommendations to the Vietnam Fatherland Front Committee at the commune level and the People's Committee at the commune level on mediation activities at the grassroots level and the necessary conditions for mediation activities at the grassroots level.;
Decision No. 5399/2015/QD-BNN-TCLN on issuing regulations on piloting REDD+ benefit distribution under the framework of the UN-REDD Viet Nam Phase II Programme[4] also includes guidance on GRMs, with piloting of benefit distribution linked with consultation with stakeholders, monitoring, evaluation and grievance redress. Article 20 of this Decision sets out the process for piloting of grievance redress mechanisms at village, commune and provincial levels.
The final FCPF Emission Reductions Program (ERP) Benefit Sharing Plan (2023)[5] provides an overview of the processes for addressing complaints including at the village level, at the district level and at the provincial level. Annex 2 of the FCPF Program Operations Manual, POM[6] provides detailed instructions on the GRM to resolve disputes and complaints received from beneficiaries and related parties, especially forest owners, organizations, households, individuals and communities, related to greenhouse gas emission reduction activities in the North Central region. Detailed instructions include:
- Purposes and principles in handling violations, receiving and resolving complaints
- Order and procedures for receiving and resolving complaints
- Organization of complaint resolution at all levels (village, commune, district, province, VNFF, forest management board, forestry company, etc.)
- Table summarizing the number of complaints and complaint resolution.
For the LEAF Program, a review has been conducted of existing grievance redress processes, and a procedure and capacity building recommendations have been set out, based on mediation at local level, with referral to other higher-level GRMs when needed.
[1] Joint FCPF/UN-REDD Programme Guidance Note for REDD+ Countries, June 2015
[2] Development and Policies Research Centre (DEPOCEN) (2016). The Development of Grievance Redress Mechanisms (GRMs) relevant to REDD+ in Viet Nam (report funded by the UN-REDD Programme)
[3] Law on Grassroots Mediation (2013)
[4] MARD Decision No. 5399/2015/QD-BNN-TCLN
[5] FCPF ERP Benefit sharing plan (Decision No. 641/QĐ-BNN-TCLN dated 21 Feb 2023)
[6] Decision No. 414/QĐ-CLN-BVPTR dated December 12, 2023 by DOF