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

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internal debates on this issue, preferably creating their own regulatory initiatives and proposals which guarantee respect for their territorial rights, direct access to the benefits derived from REDD activities, as well as their political rights to self-determination and a guarantee that the State will comply with their obligation of consulting and obtaining the free, prior and informed consent of indigenous peoples before implementing administrative and legislative decisions which directly affect them. The incorporation of domestic regulations relating to REDD in indigenous territories in the Amazon Basin will necessarily require the consideration of the recognized and consolidated rights of the indigenous people in the entire region. In the Amazon Basin, the large majority of the countries currently are signatories to international norms that recognize and protect the rights of the indigenous and similar people3 such as: Convention 169 of the International Labour Organization regarding indigenous and tribal people in independent countries (hereafter ILO C169), the United Nations Declaration on the Rights of Indigenous People (hereafter UNDRIP) 4 and the American Convention on Human Rights (hereafter ACHR), which have been widely interpreted by the Inter-American Court and Commission for Human Rights as guaranteeing the rights of indigenous and tribal people on the continent, among other Human Rights instruments recognized to varying degrees by all countries in the basin. In the Amazon, almost every country has already ratified the ILO C169 (with the exception of the Guyanas and Suriname), and the vast majority, except Colombia, approved the UNDRIP in September 2007. All countries in the basin ratified the ACHR and recognize the Jurisdiction of the Inter-American Human Rights System (hereafter IHRS). 5 By contrast, in other regions of the world indigenous people do not have a legal body of recognized rights of the same dimension and institutional establishment as on the Latin American subcontinent. 3 “Indigenous and similar people” is an expression used by the Inter-American Human Rights Court (hereafter IHR Court) to refer to those groups which, though not indigenous, have cultural, social and economic characteristics which that set them apart from the majority of the national population, and which constitute them as cultural minorities who enjoy the same distinct rights that are granted to indigenous peoples. See the case of Saramaka Párr. 80. 4 By a vote of 143 in favor and 4 against, with 11 abstentions, the General Assembly of the United Nations adopted, on September 13, 2007, the United Nations Declaration on the Rights of Indigenous People (http://www.un.org/ News/Press/docs/2007/ga10612.htm). 5 The Inter-American Human Rights System (hereafter IHRS) includes the Inter-American Commission on Human Rights (hereafter ICHR) and the IHR Court, which have a large and established case law regarding the fundamental rights of indigenous people in the region. The IHRS requires all American States to comply with human rights norms in their particular interpretation for indigenous people as collective subjects of fundamental rights. 26 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
For the above reasons, the current study considered it to be fundamental to systematize and present the principal jurisprudential rules regarding the origin, nature, content and reach of territorial rights of indigenous people that are in force in the Amazon region. Therefore, the complete version of this study includes the entire analysis of said norms and regional jurisprudence. In this summary, we only briefly present the conclusions of the country-bycountry legal analyses relating to current indigenous and environmental legislation in each country, which will be fundamental for evaluating the implementation of eventual REDD projects in indigenous territories. Bolivia Bolivia6 is, without a doubt, the country in the Amazon Basin which currently not only has the most complete and grantor legislation referring to territorial rights of indigenous people, but is also one of the nine countries in the world beginning to implement REDD+ pilot projects in their territories. In addition to recognizing the traditional rights to land and natural resources, Bolivian legislation amply recognizes that indigenous management and autonomy strengthen the self-governance of their territories. Due to this, as well as the favorable political situation of the current government, it is possible to say that Bolivia is the Amazon country with the largest possibility of successfully implementing REDD projects in indigenous territories and that benefits from these projects directly reach the people who live there. In Bolivia, the indigenous, original, and agrarian nations and people are collective owners of their lands and territories according to the terms recognized by the New Political Constitution of the Bolivian State of February 20097 (hereafter NPCBS) and by the principal human rights instruments relating to indigenous people that are recognized and incorporated in the Bolivian legal order as a part of the bloc which is constitutionally binding. 8 Therefore, it is possible to affirm that the “indigenous people have the right to the lands, territories, and resources 6 For the execution and analysis of the Bolivian legislation, the extensive and patient explanations of the indigenous lawyer Miguel Vargas, delegate of the legal area of CEJIS, Region La Paz, were invaluable. 7 NPCBS of 2009. Article 30.I. Indigenous, original, and agrarian nations include all human communities who share cultural identity, language, historic traditions, institutions, ownership and worldview, whose existence dates to before the invasion of the Spanish. II. In the framework of unity (?) of the State, and in agreement with this Constitution, indigenous, original and agrarian nations enjoy the following rights: (…) VI. The collective titling of lands and territories. 8 NPCBS. Article 410. I. All people, natural and legal entities, as well as public bodies (entities/groups?), public functionaries and institutions are subject to the Constitution. II. The Constitution is the supreme law of 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 27
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 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
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Indigenous Peoples as Protagonists
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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
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State or to third parties. Since ca
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equired for the acts of civil life,
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indigenous peoples could only have
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Indigenous Collective Ownership Fin
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of their interest is indivisible (L
Page 108 and 109:
equired before the benefits may be
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The Surui Project: Building Indigen
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has decimated much of their forest.
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Reducing Risks: Framework for Proje
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Michel Pellanders/Hollandse Hoogte,
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evitalization. Therefore, the REDD
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Volume: To assess the volume of the
Page 123 and 124:
2009). The Surui are also engaging
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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
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• Article 11, IV of the referred-
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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
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Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund

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