The Legal Framework and the Role of Community Resource Management Areas (CREMAs)By Yinka Agidee - The Rock and Partners View Publication
This report provides insight into Ghanaian statutory and case law and its potential implications for REDD+. As the legal nature of carbon rights has yet to be determined, the report does not purport to conclusively describe the proper treatment of carbon rights and benefits under existing law, but rather to outline implications and uncertainties for carbon rights and benefit sharing based on an in-depth examination of statutory and common law.
The report also focuses on the Community Resource Management Area (CREMA) as a potential platform for ensuring secure rights and equitable benefit sharing for individuals, families, communities, and traditional authorities responsible for generating carbon benefits via REDD+. While CREMAs are broadly consistent with REDD+, these entities currently lack formal legal recognition. To gain legal legitimacy as an entity distinct from, and able to act on behalf of, its individual members, a CREMA must therefore form a company or other legally-recognized entity. However, this additional layer of organization may soon become unnecessary, as legislation now before the parliament aims to provide legal certainty for CREMAs.