Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
of their interest is indivisible (Law 8078/90, Art. 81, II). Therefore, it would still be possible to distinguish the ownership held by different groups from within the same indigenous people, if they occupy different lands or areas within indigenous lands that are contiguous. So, collective ownership entails the division by peoples, groups or communities, depending upon the indigenous organizational structure. In case there is a multiplicity of indigenous groups or peoples on the same indigenous land, the collective representation for enjoying the rights over the natural resources (as, for example, carbon credits from forest projects) shall follow the indigenous social form of organization, respecting the indigenous uses, customs, and traditions, as set forth in Arts. 231 and 232 of the Federal Constitution. It is possible that in such a case, a peculiar situation of collective rights arises: from the point of view of the individuals in relation to their people, and between the peoples identified as holding the ownership over the land and its natural resources. (Law 8078/90, Art. 81, II and III). Some Concerns Regarding REDD+ Projects In the international debate on the REDD+ mechanism, various opinions exist regarding the impacts that said mechanisms have on indigenous peoples’ rights. It is certain that climate change will directly and disproportionately affect indigenous peoples. 45 Therefore, indigenous organizations are making an effort to keep the new REDD+ mechanism from becoming a perverse incentive to benefit those responsible for deforestation and producing unfair results for indigenous peoples. 46 Based on the reflections of indigenous organizations, it is essential that indigenous peoples participate in the process of design and implementation of a REDD+ mechanism. Also, initiatives beyond REDD+ should be discussed and all of them should be based on the UN Declaration on the Rights of Indigenous Peoples. As stated in this chapter, the fundamental requirement for REDD+ or other forest mechanisms related to climate change is that it respects and promotes indigenous peoples’ rights. One of the major concerns regarding REDD+ is the threat that carbon credit negotiation poses to indigenous peoples’ guarantees over their lands and resources. The reasoning behind 45 See debates from the UN Permanent Forum on Indigenous Issues: http://www.un.org/esa/socdev/unpfii/en/ climate_change.html. 46 Tebtebba, Guide on Climate Change and Indigenous Peoples, Philippines, 2008. 104 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
this is that the legal systems in some countries, particularly in Africa and Asia, do not sufficiently recognize and protect indigenous peoples’ rights over their traditional lands. Under a weak domestic legislation for indigenous land tenure protection, these peoples can be subject to significant abuse. 47 For instance, it is feared that the States would ignore indigenous ownership over their lands and resources as well as internationally recognized fundamental rights and then proceed to negotiate carbon credits deriving from forest activities without the due consultation and participation of the indigenous peoples inhabiting the lands. Due to the valorization of carbon in probable new REDD+ mechanisms, the possibility of increased speculation on indigenous lands is substantial and cause for concern. Such scenarios are disconcerting because they are often followed by a significant amount of conflicts and violence between indigenous peoples and speculators, as well as between indigenous groups themselves, trivializing the special relationship the indigenous have with the lands and natural resources. 48 Regarding indigenous lands in Brazil, the indigenous peoples have constitutionally recognized original rights over their lands and resources, and permanent tenure with exclusive usufruct is offered to the indigenous peoples living there. The State has promoted administrative demarcation of indigenous land for the permanent and exclusive use by indigenous peoples. In order to guarantee the enjoyment of said rights, indigenous peoples have been developing important protection activities at their borders and other efforts towards environmental conservation. Therefore, according to the domestic legal ordering and including the de facto situation of indigenous lands, subject to forest projects generating GHG-reduction credits, and considering the restrictions placed on the exploitation of mineral and hydrological resources, the indigenous would not be subject to the State’s interference regarding the decision-making that affects their lands. The remaining questions concern the division of the activities and benefits between the indigenous lands and within the different communities. It must be taken into account that carbon credit ownership is collective and that the form of social organization of each society involved should be respected. It is therefore important that the criteria for dividing tasks and benefits be decided in collaboration with the people involved and that the mechanism’s proposals value the collective aspect of the initiative. Proposals should also take into account the length of time 47 Forest Peoples Programme, Indigenous Peoples’ Rights and Reduced Emissions from Reduced Deforestation and Forest Degradation: The Case of the Saramaka People vs.Suriname, 2009. http://www.forestpeoples.org/ documents/ifi_igo/suriname_saramaka_and_redd_judgment_ mar09_sp.pdf 48 Tebtebba, Guide on Climate Change and Indigenous Peoples, Philippines, 2008. 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 105
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this is that the legal systems in some countries, particularly in Africa <strong>and</strong> Asia, do not sufficiently<br />
recognize <strong>and</strong> protect indigenous peoples’ rights over their traditional l<strong>and</strong>s. Under a weak<br />
domestic legislation for indigenous l<strong>and</strong> tenure protection, these peoples can be subject to<br />
significant abuse. 47 For instance, it is feared that the States would ignore indigenous ownership<br />
over their l<strong>and</strong>s <strong>and</strong> resources as well as internationally recognized fundamental rights <strong>and</strong> then<br />
proceed to negotiate carbon credits deriving from forest activities without the due consultation<br />
<strong>and</strong> participation of the indigenous peoples inhabiting the l<strong>and</strong>s. Due to the valorization<br />
of carbon in probable new <strong>REDD</strong>+ mechanisms, the possibility of increased speculation on<br />
indigenous l<strong>and</strong>s is substantial <strong>and</strong> cause for concern. Such scenarios are disconcerting because<br />
they are often followed by a significant amount of conflicts <strong>and</strong> violence between indigenous<br />
peoples <strong>and</strong> speculators, as well as between indigenous groups themselves, trivializing the<br />
special relationship the indigenous have with the l<strong>and</strong>s <strong>and</strong> natural resources. 48<br />
Regarding indigenous l<strong>and</strong>s in Brazil, the indigenous peoples have constitutionally<br />
recognized original rights over their l<strong>and</strong>s <strong>and</strong> resources, <strong>and</strong> permanent tenure with exclusive<br />
usufruct is offered to the indigenous peoples living there. The State has promoted administrative<br />
demarcation of indigenous l<strong>and</strong> for the permanent <strong>and</strong> exclusive use by indigenous peoples. In order<br />
to guarantee the enjoyment of said rights, indigenous peoples have been developing important<br />
protection activities at their borders <strong>and</strong> other efforts towards environmental conservation.<br />
Therefore, according to the domestic legal ordering <strong>and</strong> including the de facto situation of<br />
indigenous l<strong>and</strong>s, subject to forest projects generating GHG-reduction credits, <strong>and</strong> considering the<br />
restrictions placed on the exploitation of mineral <strong>and</strong> hydrological resources, the indigenous would<br />
not be subject to the State’s interference regarding the decision-making that affects their l<strong>and</strong>s.<br />
The remaining questions concern the division of the activities <strong>and</strong> benefits between the<br />
indigenous l<strong>and</strong>s <strong>and</strong> within the different communities. It must be taken into account that carbon<br />
credit ownership is collective <strong>and</strong> that the form of social organization of each society involved<br />
should be respected. It is therefore important that the criteria for dividing tasks <strong>and</strong> benefits be<br />
decided in collaboration with the people involved <strong>and</strong> that the mechanism’s proposals value<br />
the collective aspect of the initiative. Proposals should also take into account the length of time<br />
47 Forest Peoples Programme, <strong>Indigenous</strong> Peoples’ Rights <strong>and</strong> Reduced Emissions from Reduced <strong>Deforestation</strong><br />
<strong>and</strong> Forest Degradation: The Case of the Saramaka People vs.Suriname, 2009. http://www.forestpeoples.org/<br />
documents/ifi_igo/suriname_saramaka_<strong>and</strong>_redd_judgment_ mar09_sp.pdf<br />
48 Tebtebba, Guide on Climate Change <strong>and</strong> <strong>Indigenous</strong> Peoples, Philippines, 2008.<br />
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 105
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