Fortune News | Jul 21,2024
A battle over who gets to run Ethiopia’s carbon market is no longer confined to memos. It has spilt into the open through a directive from the Ministry of Agriculture, setting off a turf battle with the Ministry of Planning & Development (MoPD), whose officials argue the rules came from the wrong place and came too soon. At issue is who gets to write the rules and police the trade as forests become financial assets.
The directive, approved by the Agricultural Ministry, lays out a framework that defines forest carbon credits as tradable units equal to one ton of carbon dioxide reduced or removed through mitigation activities. It compels transactions to take place through recognised national or international carbon market systems and declares that conflicting directives or practices do not apply to matters covered by the regulation. Mitigation outcomes may come from either registered projects or jurisdictional programs at the regional or national level, provided those programs can attribute credits to specific subnational areas.
The directive authorises the Forest Development Authority to transfer ownership of forest carbon credits generated under jurisdictional programs to third parties. It requires the Authority to ensure that benefits from carbon sales reach forest rights holders through a benefit-sharing plan. It also protects the original forest carbon credit holder's right to transfer ownership to third parties, even when jurisdictional programs are in place.
Forest owners may prepare and implement carbon credit projects themselves. If they lack the capacity, they should appoint an implementing entity, provide information for jurisdictional programs, prove ownership of forest assets entering a project, sign agreements with project implementers and issue letters of consent through the regional government authority. Project developers should also align measurement systems with approved methodologies, establish control systems, create a forest carbon information system, implement a monitoring plan, and submit requested information.
They should also file annual mitigation performance reports and report accumulated forest carbon credits using international methodologies and standards.
That reach has unnerved officials at the Ministry of Planning & Development, who believe the directive was issued by the federal institution without a mandate, even as a carbon market proclamation drafted by their Ministry is before the Council of Ministers.
“The directive has been published, while the proclamation is still in process," an official from the Ministry, who requested anonymity, said. "This is not appropriate.”
According to the official, the Ethiopian Forestry Development Authority (EFDA) knew the bill was in the making but ratified the directive anyway. Planning Ministry officials insist they have a shared mandate to coordinate regulations among stakeholders, including the Forest Development Authority, the Agriculture Ministry, and other federal agencies. However, senior officials at the Agriculture Ministry say they know of no new bill in the legislative process.
Bisrat Hailemichael, CEO of Forest Resource Assessment at the Authority, argued that the dispute between the two ministries reflects an architecture that the federal government has chosen. Ethiopia is using a “sectoral vs national” governance model, as set out in the national strategy and the draft proclamation, to avoid conflicting mandates. Under this model, the Planning Ministry would serve as the national authority, setting policy, managing the carbon registry and representing Ethiopia in international negotiations. The Authority would remain the technical lead for forestry, verifying biophysical data, managing plans for sectoral measurement, reporting and verification (MRV) and approving benefit-sharing.
"Until such time that the proclamation is enacted, the directive remains the only regulation in force, even as it is being aligned with the legal order," said Bisrat.
According to Bisrat, the technical requirements, including forest management and tree species mapping, are being adjusted to avoid overlap with the Planning Ministry’s role.
The two federal agencies are attempting to integrate their work into a single national MRV system to collect forest carbon data at the wereda level before it flows into the Planning Ministry’s database, thereby limiting double-counting. Under the draft proclamation, a national committee for the carbon market, incorporating both ministries, would be created to resolve overlapping claims.
"The financial architecture is meant to ensure local communities get paid," Bisrat told Fortune. "The government has institutionalised a results-based payment system under the directive, and that no project can be approved without a legally binding benefit-sharing plan that predetermines revenue splits."
The revenue-sharing model often requires at least 80pc of the net proceeds to go to forest owners. Aiming to prevent money from disappearing into administrative layers, payments are channelled through the Climate Resilient Green Economy Facility into participatory forest management cooperatives rather than government budgets. The Authority is mandated to monitor distribution, while fiduciary oversight and grievance redress mechanisms allow communities to report missing payments to federal regulators, who can revoke project licences if benefit-sharing agreements are found breached.
According to Bisrat, securing the “promised share” for local communities is a legal requirement enforced through directives and regulations. To prove that a benefit-sharing plan is realistic, the Forestry Development Authority requires georeferenced mapping and landholding certificates proving communities have the legal right to the carbon. Financial calculations would also follow a revenue hierarchy. After a combined 20pc service fee, split between five percent for the federal government and 15pc for the regional states, the balance should cover project operational costs.
"Actual payment is tied to performance-based disbursement, and later credits are issued only after independent international auditors verify that funds reached beneficiaries," said Bisrat. "The grievance redress mechanism should be functioning, too."
Even before a national dashboard is fully rolled out alongside the national strategy planned through to 2030, the framework compels the Authority to track and report the financial splits needed to maintain international certification. Claims of nonpayment first pass through a structured mechanism for feedback and grievance redress at the kebele and woreda levels, where committees of elders and officials have two weeks to one month to respond. If unresolved, the issue moves to the regional or federal levels. The Authority can then audit the project's bank records against the benefit-sharing plan and, if payments are not corrected, freeze the issuance of new credits or revoke the project's registration.
For jurisdictional programs, an “80pc burn rate” rule applies. No new funds are released until 80pc of the previous disbursement has been shown to have reached the intended beneficiaries.
Experts in the field see that by declaring competing directives and practices inapplicable, the Ministry of Agriculture has tried to centralise the legal regime for forest carbon trade and reduce the risk of overlapping or contradictory rules that could unsettle investors. However, the legal position remains contested.
For Naol Abera, a legal expert who studied Public International Law, what is on display is procedural contention rather than a clear legal breach. He argued that although the Planning Ministry holds national-level authority under the Paris Agreement, a subordinate institution’s decision to issue a directive before the Ministry’s draft law is finalised does not automatically strip the directive of legal merit.
"A directive should rest on some source of authority, whether the Constitution or an existing law," said Naol, who has over a decade of experience as a paralegal and an attorney. "If that authority exists, the directive remains valid until a new proclamation formally repeals or replaces it."
Naol believes that it would be "impractical to suspend work for years" while draft laws sit in bureaucratic limbo, citing delays in criminal procedure laws.
"Better coordination and more 'civilised' institutional synergy would have been preferable to avoid this 'office-to-office bickering,' " he said. "But the directive is legally functional for now."
Once the Planning Ministry’s bill is passed and enforced, however, the institution that issued the directive will likely have to revise or repeal it to fit the new legal hierarchy.
PUBLISHED ON
Apr 19,2026 [ VOL
27 , NO
1355]
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