Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund

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Indigenous Collective Ownership Finally, with indigenous land being recognized as land where the permanent tenure has been held by one or more peoples traditionally inhabiting such lands, the ownership over the exclusive usufruct of the natural resources must also be collective. Article 40.II of the Indian Statute (Law 6001/73) states that the tenure and usufruct of lands exclusively occupied by indigenous groups or communities define the ownership of indigenous patrimony. Thus, any forest project that generates carbon credits or other benefits can involve one or more indigenous groups or communities, depending on which indigenous land(s) are chosen for the implementation of said projects. In this case, the different indigenous groups or communities involved may decide on the form of indigenous collective ownership or co-ownership of the rights over said resources and benefits derived from them. The choice of the benefit-sharing manner will solely depend on the style of representation and organization of the indigenous groups involved. It may be defined, for example, based on a division of the tasks that culminate in the generation of carbon credits, or based on the location of the forest and groups within the indigenous territory, or according to the social arrangement that indigenous groups or communities have entered into, or based on any other collective form of ownership in order to guarantee that the benefits are distributed among the groups in a way that is harmonious with indigenous principles, values, and traditions. Depending on the social arrangement of the peoples and communities involved in implementing forest carbon activities on indigenous lands, it is possible to divide benefits among the different groups, but not among the individual group members. Ownership over the lands and natural resources is always collective in the case of indigenous lands and so should be the ownership of benefits derived. This hypothesis is similar to the concept of homogenous individual rights, because it refers to ownership by various identifiable groups, who themselves bear the characteristics of trans-individual collective representations. Collective indigenous representation could therefore occur through associations, legal entities, or representatives indicated by the different indigenous peoples and communities involved. Thus, the collective ownership of carbon credits generated on indigenous lands can have various possibilities of dividing the corresponding benefits. In the case of carbon credits originating from REDD+ activities and considering the baseline proposal of the legal reserve from the Forest Code together with the consequent supervision of the land’s entire area in order to verify additionality, we would be able to conclude that all indigenous peoples bearing the rights over these lands are the owners of said credits. 102 Av o i d e d d e f o re s t A t i o n (redd) A n d i n d i g e n o u s p e o p l e s: experiences, chAllenges A n d o p p o r t u n i t i e s in t h e A m A zo n c o n t e x t
The reason for this is that, in order for REDD+ to be duly computed, monitoring indigenous activities in the entire indigenous area, from fire control to clearing fields for planting or building villages; and monitoring the forests throughout the entire area of one or more indigenous lands is necessary. These measures would avoid the limitations imposed on the indigenous way of life by guaranteeing the freedom of choice regarding the use of the soil throughout the territory, for example, while also keeping indigenous lands from being sub-divided by use-restrictions based on non-indigenous perspectives. However, we believe that questions about the best way to distribute benefits coming from such activities may still arise. One of the options for dealing with such questions would be to link these benefits not only to the ownership of the credits and forests, but also to the responsibility and execution of the activities that contribute to emission reductions. These benefits would therefore be proportionally distributed among all those involved, according to the understanding of the indigenous groups involved. Also, regarding forest recuperation activities, a division of carbon credit benefits could exist based on the recognition of ownership over natural resources held by an indigenous people or community, depending on an internal arrangement, and taking into account the responsibility for the activities and area designated for the reforestation project. In general, the collective interest of indigenous people – mutually joined as indigenous people or peoples of the same land –resembles stricto senso collective right in as much as they are individuals united by a social relationship (traditionally occupying the land) and the object Ana Laura Junqueira/ISA, 1996 Assembly of the Federation of Indigenous Organization in Rio Negro (Foirn), S. Gabriel da Cachoeira, AM. REDD projects within indigenous territories require collective decision-making. Av o i d e d d e f o re s t A t i o n (redd) A n d i n d i g e n o u s p e o p l e s: experiences, chAllenges A n d o p p o r t u n i t i e s in t h e A m A zo n c o n t e x t 103
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Avoided Deforestation (REDD) and In
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Avoided Deforestation (REDD) and In
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Summary Introduction Raul Silva Tel
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Amazon region is currently the pref
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Indigenous Lands and the Climate Cr
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“Amazon biome,” which does not
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approximately 13 million hectares,
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The tables below display data regar
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In practice, the main decisions reg
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Nogueira, EM., Fearnside, PM., Nels
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22 Av o i d e d d e f o re s t A t
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Given the absence of legal definiti
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internal debates on this issue, pre
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which they have traditionally owned
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which Bolivian legislation calls
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consultation” in its articles 30.
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are also facilitated by the strong
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legal risk that these lands can be
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has the duty (and exclusive compete
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derived from them, such as from the
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On the other hand, the Colombian le
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“the special norms which regulate
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framework of ecological function an
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The law permits and stimulates refo
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the use, enjoyment, control, admini
Page 54 and 55: One of these bills relates to the e
Page 56 and 57: the constitution which still has no
Page 58 and 59: Since there is not a specific law r
Page 60 and 61: communities of the sierra and jungl
Page 62 and 63: the lands that they possess and tha
Page 64 and 65: and legal instruments to guarantee
Page 66 and 67: those recognized “in internationa
Page 68 and 69: limitation for implementing eventua
Page 70 and 71: REDD in Venezuela Since REDD mechan
Page 72 and 73: to implement REDD projects with bec
Page 74 and 75: Can IPs dispose of the forestry res
Page 76 and 77: Ecuador Yes. However, it will be ne
Page 78 and 79: to reductions in GHG emissions and
Page 80 and 81: did not establish any mechanism to
Page 82 and 83: On the other hand, there is a growi
Page 84 and 85: the co-existence of diverse culture
Page 86 and 87: In accordance with this internation
Page 88 and 89: Indigenous Peoples as Protagonists
Page 90 and 91: e considered a security under Brazi
Page 92 and 93: cannot dispose of the lands they tr
Page 94 and 95: Article 34 of the Indian Statute (F
Page 96 and 97: is a legal obligation and there is
Page 98 and 99: State or to third parties. Since ca
Page 100 and 101: equired for the acts of civil life,
Page 102 and 103: indigenous peoples could only have
Page 106 and 107: of their interest is indivisible (L
Page 108 and 109: equired before the benefits may be
Page 111 and 112: The Surui Project: Building Indigen
Page 113 and 114: has decimated much of their forest.
Page 115 and 116: Reducing Risks: Framework for Proje
Page 117 and 118: Michel Pellanders/Hollandse Hoogte,
Page 119 and 120: evitalization. Therefore, the REDD
Page 121 and 122: Volume: To assess the volume of the
Page 123 and 124: 2009). The Surui are also engaging
Page 125 and 126: will be critical, given that eventu
Page 127 and 128: Legal Aspects of the Surui Carbon P
Page 129 and 130: from afforestation, reforestation,
Page 131 and 132: of representing their respective co
Page 133 and 134: they are entitled to participate in
Page 135 and 136: In the case of Brazil, the prolifer
Page 137 and 138: • Article 11, IV of the referred-
Page 139 and 140: Sole paragraph. The rule of this Ar
Page 141 and 142: constitutional rights of Brazilian
Page 143 and 144: of exploitation or use, and belong
Page 145: alignment with the Brazilian consti
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