Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund 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
a doubt have a lifestyle that has demonstrated to be inclusive of forest land uses and which also depends on the preservation of the forests to survive and reproduce their traditions, culture, and social organization. Because of this, the people who live in the forests should be the principal beneficiaries of any initiative in this area, both with regards to economic compensation as well as for maintaining forest land use. The international debates about this topic and their respective progress have been harshly criticized for the lack of direct participation by forest communities, a fact that largely discredits the agreements and decisions of the governments relating to REDD mechanisms which necessarily involve the lives and territories of these populations. Up to now, however, they have not actively participated in the discussions and negotiations. However, it is also necessary to recognize that the content and rules for the application of REDD projects have not yet been defined internationally, and it should be clarified that the real consequences of REDD project implementation will be defined by the domestic legislation of each country that incorporates the agreement and defines the rules of national implementation, in accordance with the legal and institutional contexts which already exist in each country. Because of this, even though it is undeniably necessary and important that the people who live in the forests have a voice and vote in the realm of international negotiations, it is fundamental that these communities are prepared for Beto Ricardo/ISA, 2008 Baniwa Community from Tucumã-Rupitã, Alto Rio Içana, AM, Brasil. 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 25
- 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 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
a doubt have a lifestyle that has demonstrated to be inclusive of forest l<strong>and</strong> uses <strong>and</strong> which also<br />
depends on the preservation of the forests to survive <strong>and</strong> reproduce their traditions, culture, <strong>and</strong><br />
social organization. Because of this, the people who live in the forests should be the principal<br />
beneficiaries of any initiative in this area, both with regards to economic compensation as well as<br />
for maintaining forest l<strong>and</strong> use.<br />
The international debates about this topic <strong>and</strong> their respective progress have been<br />
harshly criticized for the lack of direct participation by forest communities, a fact that largely<br />
discredits the agreements <strong>and</strong> decisions of the governments relating to <strong>REDD</strong> mechanisms<br />
which necessarily involve the lives <strong>and</strong> territories of these populations. Up to now, however, they<br />
have not actively participated in the discussions <strong>and</strong> negotiations.<br />
However, it is also necessary to recognize that the content <strong>and</strong> rules for the application<br />
of <strong>REDD</strong> projects have not yet been defined internationally, <strong>and</strong> it should be clarified that the<br />
real consequences of <strong>REDD</strong> project<br />
implementation will be defined by the<br />
domestic legislation of each country<br />
that incorporates the agreement<br />
<strong>and</strong> defines the rules of national<br />
implementation, in accordance<br />
with the legal <strong>and</strong> institutional<br />
contexts which already exist in<br />
each country. Because of this, even<br />
though it is undeniably necessary<br />
<strong>and</strong> important that the people who<br />
live in the forests have a voice <strong>and</strong><br />
vote in the realm of international<br />
negotiations, it is fundamental that<br />
these communities are prepared for<br />
Beto Ricardo/ISA, 2008<br />
Baniwa Community from Tucumã-Rupitã,<br />
Alto Rio Içana, AM, Brasil.<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 25
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