Strategies and Policies
State Climate Action Plan - The State Action Program on Climate Change of Quintana Roo (PEACCQROO) contains provisions to mitigate emissions and promote adaptation to the potential impacts of climate change. It establishes the framework for planning and implementing adaptation policies according to existing scientific knowledge. Included in the plan is a goal of achieving zero net deforestation and developing statewide programs to reduce deforestation.
FCPF Carbon Fund Investment Program - Quintana Roo has developed an investment program to reduce deforestation through the Mexico Emissions Reduction Initiative implemented under the framework of the Forest Carbon Partnership .
REDD + State Strategy (EEREDD +) - EEREDD + is a State planning instrument that identifies scenarios for reducing emissions from deforestation and forest degradation and contemplates actions to achieve such scenarios in a determined period where financing and forms of evaluation are defined. It has been constructed so that its guidelines guide public policies and programs according to their administrative responsibility, and encourage the development of activities in the field that achieve the reduction of emissions. In this way, the REDD + process will be guided in the State, in accordance with the national process.
The State Safeguards Plan - The State Safeguards Plan is an operational, flexible instrument that allows State governments to report to the Safeguards Information System (SIS) and demonstrate the way in which REDD + safeguards are addressed and respected in Mexico as well as other safeguard requirements for bilateral or multilateral initiatives. The Plan functions as a planning instrument for the implementation of measures to avoid and manage environmental and social risks and to enhance positive impacts in the implementation of REDD +. The Plan establishes mechanisms for coordination, implementation and monitoring of the application of safeguards related to the implementation of REDD + activities in the State, including the investment program of the IRE and the REDD + State Strategy.
Agreement for the Sustainability of the Yucatan Peninsula - The Agreement sets common goals and implements strategies in a coordinated way to achieve the sustainability of the Yucatan Peninsula, recognizing the value of biodiversity and the need for sustainable rural development so that communities and ecosystems can thrive.
Laws and Regulations
Decree No. 387 10/30/2015 Law of Ecological Balance and the Protection of the Environment - Promotes sustainable development, and regulates actions aimed at preservation and restoration of ecological balance, as well as protection of the environment of the State of Quintana Roo.
Decree No.19 2/27/2014 - Decree modifying the Local Ecological Ordinance Program of the Municipality of Benito Juárez.
Decree No. 116 6/16/2014 Forest Fire Law - Regulates the use of fire for agriculture, livestock and other purposes with an aim of reducing the impact of fire on forest resources.
Decree No. 269 4/30/2013 Climate Change Action Law - Formalizes the state plan for climate action and contains provisions to mitigate emissions and promote adaptation to the potential impacts of climate change. Establishes the framework to plan and implement adaptation policies in accordance with existing scientific knowledge. The plan includes the goal of achieving zero net deforestation and developing state programs to reduce deforestation.
Decree No. 306 8/19/2013 Forest Law - Establishes the regulatory framework for forest conservation, protection, restoration, production, management, crop management, and sustainable management of forest areas. Establishes innovative conservation measures including the "strategic forest reserves." The revision in 2013 dissolved the state forestry institute and charges the Secretariat of Ecology and Environment of the state of Quintana Roo (SEMA) with the development and implementation of forestry policy.
Regulation of the Law of Ecological Equilibrium and Protection of the Environment of the State of Quintana Roo, in Matters of Environmental Impact 2011 - This instrument is generally observed in the areas where the State exercises its jurisdiction; Its purpose is to regulate the Law of Ecological Equilibrium and Environmental Protection of the State of Quintana Roo in terms of Environmental Impact.
Regulation of the Law of Ecological Balance and Environmental Protection of the State of Quintana Roo, in the Matter of Prevention and Control of Environmental Pollution - 2011. It applies throughout the State territory and the areas where the State exercises its sovereignty and jurisdiction, and its purpose is to regulate the Law of Ecological Equilibrium and Environmental Protection of the State of Quintana Roo, in the Matter of Prevention and Control of Environmental Pollution.
Law for the Prevention and Integrated Management of Residues of the State of Quintana Roo 2010 - Its purpose is to regulate and establish the provisions that promote strict compliance with the Law for the Prevention and Comprehensive Management of Residues of the State of Quintana Roo and governs throughout the territory of the State of Quintana Roo.
Decree No. 42 5/25/2009 - Decree by which the Local Ecological Ordering of the Municipality of Solidarity is established.
Decree of the Local Ecological Management Program of the Municipality of Isla Mujeres, Quintana Roo 2008 - Published in the 2008 Newspaper.
Territorial Ecological Management Program of the Costa Maya Region, Quintana Roo 2006 - Published in the Official Newspaper 2006.
Program of Territorial Ecological Regulation of the Region of Laguna de Bacalar, Quintana Roo 2005 - Published in the Official Newspaper 2005.
Ecological Management Program of the Coastal Zone of the Sian Kaan Biosphere Reserve 2002 - Decreed in the Official Newspaper 2002.
Ecological Territorial Ordering Program of the Region Denominated Cancun-Tulum Corridor. Decreed in 2001.
Secretariat of Ecology and Environment of the State of Quintana Roo (SEMA)'s mission is to incorporate in all areas of society the criteria and instruments that ensure an ecological culture that prioritizes the care of the environment and preservation of the environment, when making decisions to encourage and promote the sustainable use of natural resources, consolidating a green Quintana Roo, and promoting new forms of participation that encourage the citizen individually and in organized groups to intervene in the formulation and execution of public environmental policies. It also strengthens public environmental management in the state, considering the variable of climate change, with its mitigation and adaptation aspects.
Secretariat of Agricultural, Rural and Fishing Development of the State of Quintana Roo's mission is to promote agricultural and rural development, through the planning, execution of policies and sustainable sector programs, and to promote the integral development of the rural communities of the state of Quintana Roo.
Secretariat of Finance and Planning (SEFIPLAN) of the Government of the State of Quintana Roo is responsible for promoting the formulation of proposals for bills, regulations and other provisions regarding planning, programming, budgetary policy, information, evaluation, institutional coordination and regional development, social development and assistance to marginal groups.
REDD working group (GT REDD +) is formed by representatives of the municipal, state and federal governmental institutions linked to the REDD issue.
Ecological Zoning has been completed in 8 municipalities of Quintana Roo, with seven of the eight plans incorporating climate change into the spatial planning considerations.
Safeguards are understood as principles, conditions or social and environmental criteria that guide the design and implementation of policies, programs and other actions. The purpose of the safeguards is to prevent and mitigate any direct and indirect negative impact on the ecosystems and the population, particularly, on the communities and indigenous peoples that inhabit them, including their rights in the face of risk or damage scenarios derived from the actions to reduce emissions from deforestation and degradation. One of the aspects to consider in the definition and application of the safeguards is the respect of the Free, Prior and Informed Consent of the rural and indigenous communities.
Free, Prior and Informed Consent is a framework that aims to ensure that the rights of indigenous peoples are guaranteed in any decision that may affect their lands, territories or livelihoods. The consultation and the obtainment of the FPIC must be carried out from the stage of definition of the projects and / or whenever there are anticipated legislative or administrative measures susceptible to directly affect the communities and indigenous peoples of Quintana Roo.
The safeguards seek to generate the necessary conditions for the adequate implementation, monitoring, reporting and evaluation of REDD + safeguards in the state of Quintana Roo, in correspondence with international commitments and the guidelines established at the national level, particularly in relation to the National Safeguards System (SNS) and the REDD + Safeguards Information System (SIS).
With the following lines of action:
- Creation of a Committee on State Safeguards.
- The REDD + State CTC, since it is an advocacy space in the REDD + policy, could include the members of the REDD + State Safeguards Committee as a technical group of safeguards. Likewise, the Committee can be part of the regional REDD + CTC.
- Establish an Observatory of Social and Environmental Safeguards of the Yucatan Peninsula, through the Observatory of the Selva Maya.
- Disseminate the principles and criteria that support social and environmental safeguards among the different actors.
- Identify and analyze the State institutions that would be responsible for guaranteeing compliance with the legal framework, relevant to safeguards.
- Manage the adequacy of state legislation in accordance with the needs defined in the legal diagnosis of this Strategy (sections 3.1 and 3.1.1.), in order to facilitate compliance with social and environmental safeguards in the State of Quintana Roo.
- Analyze the legal, institutional and state compliance framework in order to identify existing gaps that limit the observance of social and environmental safeguards, in accordance with the implementation of the line of action.
- Prepare complementary recommendations for the updating of the legal, institutional and compliance framework that propitiate an adequate implementation of the safeguards, as well as promote this update.
- Develop indicators at the state level that take as a basis the guidelines provided at the national (federal) level. The latter can be structural (those linked to the legal, institutional and compliance framework that support the effective application of safeguards), process (those that reflect the processes, mechanisms, and / or procedures that implement the safeguards) and results (those that reflect the results of the safeguards, in terms of benefits). The use of indicators specifically developed at the state level will help to ensure that the context of application of the safeguards at the sub-national level is met.
- Strengthen existing inter-institutional arrangements and promote those necessary to ensure respect for REDD + safeguards, as well as their inclusion in the relevant and applicable legal framework.
- Promote relevant institutional arrangements between federal and state orders, especially in the following areas: feedback, resolution of complaints and disputes, rendering of accounts and aspects of non-compliance with safeguards.
- Promote the design of a State Information System of Safeguards (SIES) in accordance with the guidelines and state and national institutional arrangements.
- Strengthen processes and institutional arrangements for the participation of relevant actors in the identification of risks, the implementation and follow-up of REDD + actions.
- Promote the active, informed and culturally appropriate participation of the social groups involved in REDD + actions, particularly indigenous peoples and communities and local communities.
- Promote specific measures to increase the active participation of women in the design, implementation, monitoring and evaluation of REDD + actions.
- Strengthen local and regional governance structures that foster collaborative actions for compliance with REDD + safeguards.
- Strengthen the capacities of the different bodies of state government and municipal governments in the matter of safeguards and their importance in the context of REDD + actions.
- Strengthen capacities for knowledge and exercise of the rights and obligations of forest owners related to REDD +, through relevant mechanisms and culturally appropriate means.
- Rethink if the REDD + CTCs are the appropriate platforms for the participation and consultation of indigenous peoples or, if necessary, generate new spaces, or modify existing ones.
- Establish the critical path to harmonize state legislation in a way that is consistent with social and environmental safeguards, in accordance with Goal X of this Strategy.
Some complications inherent to the application of the safeguards are presented, which are expected to be addressed as institutional arrangements advance both at the federal and state levels. Such is the case of consultations in ejidal assemblies: although the legal figure with the greatest weight in any ejido is the assembly, its access remains reserved exclusively for the ejidatarios and in no way can it be considered as a body representative of the interests of a population. For its part, the full and effective participation of indigenous and local communities is complicated in REDD + processes, because Article 1 of the Constitution defines indigenous peoples as "subjects of public interest" and not as "subjects of law". This implies that indigenous peoples do not have legal personality to exercise their rights and submit to obligations, which could pose limitations for the implementation of free and informed prior consent (Ramos and Ludlow, 2015).
The actions contemplated in terms of social and environmental safeguards, must be developed under the planning framework of the State Safeguard Plans (PES). The State Safeguard Plans must establish mechanisms for coordination, implementation and monitoring of the application of the safeguards related to the implementation of REDD + in the states, including the investment programs (IP) of the Emissions Reduction Initiative (IRE). It is important to highlight that the PES are an integral part of the Articulation and functioning of the National Safeguards System (SNS), the Safeguards Information System (SIS) and the Environmental and Social Management Framework (MGAS) for REDD + in Mexico. A State Safeguards Plan is a state planning instrument that allows for the follow-up of the planning and review of the REDD + State Strategies (including territorial and programmatic actions) guaranteeing the approach and respect of REDD + safeguards in Mexico. It will be an operational instrument for the management of environmental and social risks focused on reporting information of state competence that will complement the different sources of information and report considered by the SIS. The general objective of the PES is the management of environmental and social risks, by addressing, avoiding and minimizing the risks of negative impacts as well as enhancing social and environmental benefits associated with REDD + activities that will be carried out in the state.