Briefing 1: Ownership and Attribution of Forest Carbon Rights

The document identifies a critical legal gap in Ghana: while the Environmental Protection Act, 2025 (Act 1124) regulates carbon market operations, it does not define who owns forest carbon. Consequently, ownership is currently inferred from a complex mix of land tenure, tree tenure, and customary law. The briefing analyzes two competing legal classifications—treating carbon as an ecosystem service versus a natural resource—and argues that the chosen model significantly impacts whether local farmers and communities receive direct benefits. It recommends a hybrid approach that maintains State regulatory oversight while statutorily guaranteeing benefit entitlements for those who steward the forests, utilizing Community Resource Management Areas (CREMAs) as a practical delivery mechanism.

• Ghana currently lacks any specific law that defines the ownership of forest carbon. Although the Environmental Protection Act, 2025 (Act 1124) provides a regulatory framework for carbon markets, it is "silent on who holds the rights to the carbon stored in trees, soils and forests."
• In the absence of dedicated legislation, carbon rights are inferred from a fragmented system of land and tree tenure. A significant conflict exists because economic rights to naturally occurring timber are vested in the State, meaning a farmer may own the land but not the naturally occurring trees on it, creating "central uncertainty over carbon."
• The document contrasts two legal models for carbon attribution: an 'ecosystem service' model, where benefits follow the stewards of the land and trees, and a 'natural resource' model, where control vests in the State as a constitutional trustee. The natural resource model risks excluding local actors because the existing constitutional formula for stool land revenue "contains no allocation to the individual farmer or land user whose conduct actually maintained the forest."
• Community Resource Management Areas (CREMAs) serve as a vital practical bridge for local participation and benefit-sharing. Now statutorily recognized under the Wildlife Resources Management Act, 2023 (Act 1115), they allow the State to maintain regulatory authority while ensuring communities and land users receive a fair share of benefits through contracts.
• The Forestry Commission acts as a practical gatekeeper for forest carbon projects in Ghana. No forest-based carbon project can proceed or have its credits recognized by international registries without the Commission's involvement, either as an implementer or via a "letter of no objection."

APA

ClientEarth (n.d.). Briefing 1: Ownership and Attribution of Forest Carbon Rights. https://www.clientearth.org/media/5timjuot/ownership-and-attribution-of-forest-carbon-rights-ghana-briefing.pdf

Chicago

ClientEarth. Briefing 1: Ownership and Attribution of Forest Carbon Rights. n.d. https://www.clientearth.org/media/5timjuot/ownership-and-attribution-of-forest-carbon-rights-ghana-briefing.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Briefing 1: Ownership and Attribution of Forest Carbon Rights |url=https://www.clientearth.org/media/5timjuot/ownership-and-attribution-of-forest-carbon-rights-ghana-briefing.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearthndbriefing, author = {{ClientEarth}}, title = {{Briefing 1: Ownership and Attribution of Forest Carbon Rights}}, institution = {ClientEarth}, url = {https://www.clientearth.org/media/5timjuot/ownership-and-attribution-of-forest-carbon-rights-ghana-briefing.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }