Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
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e) Although Funai <strong>and</strong> other federal institutions (Ibama, Federal Police, etc.)<br />
possess special authority to protect indigenous l<strong>and</strong>s from invasions <strong>and</strong> any other<br />
types of trespassing that cause environmental damage, they would not be able to<br />
claim ownership of carbon credits or other benefits derived from <strong>REDD</strong>+ activities or<br />
projects, since these are not only derived from containing illegal deforestation, but mainly<br />
from the decision of the indigenous peoples themselves not to deforest. <strong>Indigenous</strong><br />
l<strong>and</strong>s are not untouchable areas <strong>and</strong> so the decision for the preservation of its forest<br />
resources is a result of indigenous peoples’ choices. Referring to containing invasions <strong>and</strong><br />
deforestation by third parties, the operation of public agencies stems from the regular<br />
exercise of administrative police power, the same power rendered to private l<strong>and</strong>s or from<br />
other federative organizations, making the assumption that the State would be co-owner<br />
of all the carbon credits in the country derived from <strong>REDD</strong>+ unreasonable;<br />
f) Even though they are not able to claim ownership of carbon credits derived from<br />
<strong>REDD</strong>+ activities or projects carried out on indigenous l<strong>and</strong>s, it is vital that these activities<br />
or projects include the support <strong>and</strong> partnership of Funai <strong>and</strong> other supervising<br />
organizations, with the purpose of potentializing the monitoring <strong>and</strong> protection of their<br />
territories, as already the case on various indigenous l<strong>and</strong>s in Brazil today;<br />
g) Nothing in the Brazilian national or international legislation refutes indigenous<br />
peoples <strong>and</strong> their organizations as the legitimate owners of emission reduction<br />
activities or projects <strong>and</strong> their ability to negotiate the credits derived from such<br />
activities, since ILO Convention 169, the Federal Constitution, <strong>and</strong> the customary right<br />
all recognize the full civil capacity of indigenous peoples in addition to their right to<br />
self-determination, which means that there is no need for any public organization to<br />
authorize or supervise such transactions;<br />
h) The carbon credits derived from forest projects developed on indigenous l<strong>and</strong>s<br />
belong to the indigenous peoples, groups or communities that have permanent tenure<br />
with the right to exclusive usufruct over the resources from the area in question; regarding<br />
the areas that are objects of study <strong>and</strong> that harbor different peoples <strong>and</strong> communities,<br />
a prior agreement must exist between the communities involved <strong>and</strong> the creation or<br />
use of one or more legal entities that may represent these peoples in legal affairs.<br />
This is the opinion.<br />
Brasilia, April 2010.<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 107
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