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

equired before the benefits may be reaped and provide ensure the fair distribution of resources
for the activities involved. It is also important to define the roles to be played by Funai, other
State agencies and private institutions as collaborators and partners, in accordance with the
decisions made by the involved indigenous groups. A mechanism of indigenous consultation
guaranteeing information and freedom to consent is also essential to guarantee that no
indigenous right is violated.
Final Conclusions
Based on the above, we conclude the following:
a) There is nothing within the scope of Brazilian national or international law
that prohibits the undertaking of Reduced Emissions from Deforestation and Forest
Degradation or reforestation activities on indigenous lands, as long as these are in
harmony with the traditional use of forest resources as executed by these peoples and
respect indigenous peoples’ rights. Such activities shall be endeavored by the indigenous
peoples themselves and through broad internal accord and external consultation. No
activities developed in indigenous lands have the prerogative to interfere in the indigenous
peoples’ ways of life or affect indigenous peoples’ physical and cultural survival;
b) Only indigenous peoples may be the owners of these types of activities or
projects, since only they have the power to use the lands in their territories, even though
the lands are of State ownership, which in the case of indigenous lands, is considered
bare ownership;
c) As a result, it is not possible for third parties to carry out Reduced Emissions
from Deforestation and Forest Degradation or reforestation activities and projects
within indigenous lands, nor can the Federal Government or any of its federal bodies do
the same, for these lands are designated for permanent tenure and exclusive usufruct by
indigenous peoples, as set forth by legal and constitutional provisions;
d) Since indigenous peoples are the only ones with the power to carry out REDD+
or reforestation activities and projects within indigenous lands, they are thus the only
possible owners of eventual carbon credits or other benefits derived from these
activities. Although no rule exists in the national legislation on the carbon credit
market (CDM) it is safe to assume that the ownership of credits should be derived from
the ownership/responsibility of the activities that generate a reduction in emissions,
meaning the power of disposition over the land;
106 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