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

More documents

Recommendations

Info

mechanisms, be these market transactions or government programs. To this end, the Surui are engaged in a process built around five key activities, which are likely to be relevant to many indigenous communities considering REDD at the current juncture: • Determining indigenous community rights and obligations with regards to land, forests, and carbon; • Community consultation, participation and free, prior and informed consent; • Strengthening the capacity of the Surui to reduce deforestation and make a long-term REDD commitment; • Assessing the volume, cost, and value of emissions reductions; • Structuring a deal and securing finance. Determining Indigenous Community Rights and Obligations with Regards to Land, Forests and Carbon Two interrelated issues of resource rights are central to REDD: tenure rights to land and forests, and the right to sign agreements governing carbon sequestration and storage. Forest Trends commissioned landmark analyses at the request of the Surui to assess the questions relating to indigenous peoples rights to enter into agreements concerning emission reductions or removals taking place on their lands. After reviewing the Brazilian Constitution, laws, and regulations, and examining the legal treatment of other natural resources on Surui lands, lawyers at Trench, Rossi and Watanabe, an associated firm of Baker & McKenzie, (included in this book) concluded that the Surui have the right to engage in reforestation and REDD on their lands and the right to enjoy any economic benefits generated from such activities, including from the sale of credits for GHG emissions reductions and additional GHG sequestration. A second key issue that projects and legal regimes need to address is the question of ownership rights over the lands in the project area. As many have pointed out, without clear tenure rights and demarcation, attributing emissions reductions to a landowner will be difficult, as will making necessary investments in forest management and conservation. In the worst case scenarios, the lure of forest carbon finance may drive disputes over forests and lands formerly seen as having little value. Based on the official demarcation of their territory, concluded on October 17, 1983 and signed by then-President João Figueiredo (Decree nº 88867), the Paiter- Surui have clearly been granted legal rights over their 248,147 has indigenous territory, named TI Sete de Setembro, ensuring the legal basis for entering into legal agreements governing their forests 114 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
Michel Pellanders/Hollandse Hoogte, 1989 Village in the Sete de Setembro Indigenous Territory, Rondônia. Community Consultation, Participation and Prior Informed Consent Since the beginning of the Surui carbon project there has been a concerted effort by the organizations involved to communicate all aspects of the project to the Surui, via their representative organization, the Metareilá Association, as new information and recommendations emerge. In turn, the Metareilá Association has worked within the social and political organization structure of the Surui people to discuss project development issues and priorities with the local communities, working with all four clans that represent the Paiter-Surui, namely Gameb, Gamir, Kaban, and Makor. As a result, the Surui embraced the carbon project, believing that it can provide continuation for their reforestation efforts and because of its consistency with the priorities established by their leadership, representing a real potential to support the implementation of their 50-year Development Plan (Associação Metareilá et al., 2008). Therefore the initiative to start the project was their autonomous decision, and culminated in the signing of a cooperation agreement document in June of 2009 by all four clans through their respective associations. The agreement establishes that the clans will be working together to implement the carbon project, in alignment with their 50-year Plan, and that all economic benefits will be shared in a just and equitable way among the Surui communities (Associação Metareilá et al., 2009). This process of internal discussion and reflection by the Surui leading to their decision to implement the project was a rich experience of community consultation and participation that lasted close to two years. There were several internal meetings of the Surui leadership without the 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 115
Page 1 and 2:
Avoided Deforestation (REDD) and In
Page 3 and 4:
Avoided Deforestation (REDD) and In
Page 5:
Summary Introduction Raul Silva Tel
Page 8 and 9:
Amazon region is currently the pref
Page 11 and 12:
Indigenous Lands and the Climate Cr
Page 13 and 14:
“Amazon biome,” which does not
Page 15 and 16:
approximately 13 million hectares,
Page 17 and 18:
The tables below display data regar
Page 19 and 20:
In practice, the main decisions reg
Page 21:
Nogueira, EM., Fearnside, PM., Nels
Page 24 and 25:
22 Av o i d e d d e f o re s t A t
Page 26 and 27:
Given the absence of legal definiti
Page 28 and 29:
internal debates on this issue, pre
Page 30 and 31:
which they have traditionally owned
Page 32 and 33:
which Bolivian legislation calls
Page 34 and 35:
consultation” in its articles 30.
Page 36 and 37:
are also facilitated by the strong
Page 38 and 39:
legal risk that these lands can be
Page 40 and 41:
has the duty (and exclusive compete
Page 42 and 43:
derived from them, such as from the
Page 44 and 45:
On the other hand, the Colombian le
Page 46 and 47:
“the special norms which regulate
Page 48 and 49:
framework of ecological function an
Page 50 and 51:
The law permits and stimulates refo
Page 52 and 53:
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 104 and 105: Indigenous Collective Ownership Fin
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: Reducing Risks: Framework for Proje
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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?