Carbon Market Watch

For fair and effective climate protection.

Recommendations for appeals against decisions of the Executive Board of the Clean Development Mechanism

13 May 2016

Recommendations PDF

Prepared for Subsidiary Body for Implementation, 44th Session,

 16-26 May 2016

 

May 2016

Carbon Market Watch welcomes the opportunity to provide input to the discussions on the procedures, mechanisms and institutional arrangements for appeals against decisions of the Executive Board of the Clean Development Mechanism (CDM) – SBI agenda item 6c.

An appeals procedure in the CDM project approval process presents a crucial opportunity for the Executive Board to protect human rights and promote accountability and legitimacy in the CDM as a valid tool for reaching its goals– namely, mitigating global climate change while promoting sustainable development. An appeals procedure will help to ensure policy coherence and quality control in the Board’s decision-making process and build confidence in the CDM.

To be an effective tool, also with regards to improving the CDM’s potential future role as a results-based finance instrument, the appeals procedure must have the capacity to consider and address stakeholder concerns regarding substantive impacts, such as harm to economic, social or environmental interests, and procedural ones. In this regard, the appeals procedures must be able to consider appeals against positive as well as negative decisions of the Board.

 

Carbon Market Watch key recommendations for a CDM appeals procedure:  

  • The scope of the appeals procedure needs to cover positive and negative appeals against CDM Board decision
  • Appeals must be allowed on CDM Board decisions to approve a project following review, not just rejections, and include both procedural and substantive violations
  • Appeals procedures must be open for affected stakeholders, and not be limited to project proponents
  • Rules, procedures, and codes of conduct and ethics must be put in place to ensure that the appeals body is independent, competent, impartial, and accountable
  • An accurate and complete record upon which the appeal is based must be compiled and made publicly available
  • Stakeholders should be allowed to lodge an appeal from a registration or issuance decision at any time based on the discovery of new, previously undisclosed facts

 

Read recommendations here