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

Given the absence of legal definitions about the nature and rights of carbon credits from
REDD mechanism activities, the present study assumes that these carbon credits are necessarily
linked to the implementation of at least 3 types of activities: 1) activities oriented toward avoiding
land use change in forests, 2) activities designed to recuperate degraded areas, and 3) activities
related to the maintenance of native forests, independently or not of the existence of the
immediate threat of deforestation. 2 We understand that these activities can only be carried out
by those who have the legal usufruct rights over native forests, whether as full owners or solely
enjoying usufruct rights without a legal title to the land, which is fundamental to determine the
ownership of the carbon credits derived therein.
Thus, carbon credits are legally defined as incorporeal goods, derived from the
certification of a reduction of emissions from GHGs which originate from one or more
recuperation or conservation activities in native forests, the owners of said carbon credits are
necessarily those who have the legal capacity to carry out the aforementioned activities, in
other words, those who can legally decide the use and destination of the soil and the forest
resources which exist therein.
In light of this, we conclude that in order to identify if indigenous people can be the
direct beneficiaries of eventual REDD mechanisms in their territories, it is fundamental to have
clarity about the ownership and rights of use and enjoyment of forest resources in indigenous
lands, as well as the limitations to exercise said rights in the domestic legislation of each of
the countries considered in this study.
From this, we conclude that the recognition and protection of the rights of indigenous
people over their territories and forest resources are indispensable to the analysis of the
ownership of eventual carbon credits originating from the application of REDD mechanisms in
their territories.
Indigenous Territories and Climate Change in the Amazon
At present, a vast majority of forested areas across the globe are inhabited by indigenous
people and local communities who have coexisted with the forest for a long time, and without
2 Conservation activities in native forests, independent of the existence of the imminent and immediate threat
of deforestation, is the most recent dimension discussed internationally regarding the activities related to the
maintenance and increase in forest cover on the planet. This conservationist dimension has been identified
as REDD PLUS. More information regarding REDD+ is available at: http://unfccc.int/methods_science/redd/
items/4531.php.
24 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