Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
consultation” in its articles 30.15 20 and 352. 21 Even with the existence of the aforementioned legal provisions from the highest ranking legal authority, the indigenous people of Bolivia continue to demand, almost daily, the adequate application of this right, and that the State obtain the consent of the people before performing any type of natural resource exploration in their territories. However, it should be mentioned that the government of President Evo Morales has been trying since 2005 to implement the right of consultation through its regulations. That year the law of hydrocarbons (Law Nº 3058) was implemented which includes an exclusive Title referring to the right to consultation and participation of indigenous, agrarian and original people. 22 In 2007, the government issued the rules for consultation and participation of indigenous and original people and agrarian communities in hydrocarbon activities through Supreme Decree Nº 29033. According to the Bolivian legislation, the product of the prior consultation processes with indigenous people should be incorporated both into decisions regarding the viability of an enterprise as well as into its environmental assessment. Thus, administrative decisions that ignore the “Acts of Understanding” signed by the government and the indigenous people can be legally annulled. The Bolivian legislation regarding prior consultation is, without a doubt, the most complete and consistent regulation in the region. However, there have been repeated complaints and demands of the indigenous movements relating to the lack of their application and enforcement by the indigenous government itself, which is important to take into consideration in an institutional evaluation regarding the right to consultation in Bolivia. 20 NPCBS. Art. 30, II, 15, II. In the framework of the unity of the State and in accordance with this Constitution the indigenous, original and agrarian nations and people enjoy the following rights: (…) 15. To be consulted through appropriate procedures, and in particular through their institutions, every time that legislative or administrative measures are planned that are likely to affect them. In this context, they will respect and guarantee the right to mandatory previous consultation by the State in good faith and in collaboration, regarding the exploitation of the non-renewable natural resources in the territory where they live. 21 NPCBS. Article 352. The exploitation of natural resources in a certain territory will be subject to a process of consultation with the affected population, convened by the State; the consultation will be free, prior and informed. The public participation in the process of environmental management is guaranteed and will promote the conservation of ecosystems in agreement with the Constitution and the law. In the case of indigenous, original and agrarian nations and people, the consultation will take place respecting their own norms and procedures. (Emphasis by author). 22 For the Bolivian legislation regarding consultation, see: http://www.socioambiental.org/inst/esp/consulta_ previa/?q=o-que-e/experiencia-america-do-sul/bolivia and at: http://www.socioambiental.org/inst/esp/consulta_ previa/?q=node/29. For a critical analysis of the current legislation and the criticism of the lack of implementation, see: http://www.cejis.org/. 32 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
With regard to the specific legislation about carbon credits and climate change in place in Bolivia, it is worthwhile to point out that Bolivia is a signatory state to all pertinent international agreements and that it, like only a few Latin American countries, has implemented the requirements for the execution of emissions offset projects within CDM mechanisms. However, indigenous people claim to have been totally excluded from all national debates regarding climate change and the definition of the rules referring to the mitigation, adaptation and compensation of emissions. They complain that they were not included in the elaboration of the National Plan for Climate Change or in the Institutional Framework on Natural Disasters which makes decisions referring to the control of GHG emissions in the country. Despite this, there is currently a REDD pilot project with indigenous people in the Bolivian Amazon led by CIDOB23 and the Indigenous Committee for Natural Resources. In conclusion, Bolivian legislation guarantees indigenous people’s exclusive control and use of the forest resources which exist in their lands. That is to say, the beneficiaries from eventual REDD projects in indigenous lands can only be the indigenous people themselves, in that the GHG emissions reductions will depend on the autonomous decisions that the indigenous people make regarding the use of their forest resources and on the activities that they themselves decide to carry out in their territories. In fact, the execution of the project called “Sub-national Indigenous REDD Project in the Bolivian Amazon,” is the first indigenous REDD pilot project of which we are aware. Its realization is part of a strong alliance between national, regional, and local indigenous organizations which involves 1500 local communities, and has been done in collaboration with public, municipal and national authorities, as well as with international cooperation agencies which have already made 3.7 million dollars available for the project. 24 For now, the Amazonian REDD project is being executed and no doubt its application and evaluation will be an important example for this type of initiative throughout all of the Amazonian Basin and to reassess the political arguments that are beginning to be placed internally in Bolivia regarding the origin of the funds to finance it. It is worth noting that, in addition to the current Bolivian legal structure, which is very favorable and guarantees indigenous rights, in this country, initiatives such as the one mentioned 23 See http://www.cidob-bo.org/gti/. 24 For more information on the project, see: http://www.whrc.org/policy/REDD/Reports/RudyGuzmanProgram_ Indigena_de_REDD_en_la_Amazonia_Boliviana.pdf. 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 33
- 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 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
With regard to the specific legislation about carbon credits <strong>and</strong> climate change in<br />
place in Bolivia, it is worthwhile to point out that Bolivia is a signatory state to all pertinent<br />
international agreements <strong>and</strong> that it, like only a few Latin American countries, has implemented<br />
the requirements for the execution of emissions offset projects within CDM mechanisms.<br />
However, indigenous people claim to have been totally excluded from all national<br />
debates regarding climate change <strong>and</strong> the definition of the rules referring to the mitigation,<br />
adaptation <strong>and</strong> compensation of emissions. They complain that they were not included in the<br />
elaboration of the National Plan for Climate Change or in the Institutional Framework on Natural<br />
Disasters which makes decisions referring to the control of GHG emissions in the country. Despite<br />
this, there is currently a <strong>REDD</strong> pilot project with indigenous people in the Bolivian <strong>Amazon</strong> led by<br />
CIDOB23 <strong>and</strong> the <strong>Indigenous</strong> Committee for Natural Resources.<br />
In conclusion, Bolivian legislation guarantees indigenous people’s exclusive control <strong>and</strong><br />
use of the forest resources which exist in their l<strong>and</strong>s. That is to say, the beneficiaries from eventual<br />
<strong>REDD</strong> projects in indigenous l<strong>and</strong>s can only be the indigenous people themselves, in that the<br />
GHG emissions reductions will depend on the autonomous decisions that the indigenous people<br />
make regarding the use of their forest resources <strong>and</strong> on the activities that they themselves decide<br />
to carry out in their territories.<br />
In fact, the execution of the project called “Sub-national <strong>Indigenous</strong> <strong>REDD</strong> Project in the<br />
Bolivian <strong>Amazon</strong>,” is the first indigenous <strong>REDD</strong> pilot project of which we are aware. Its realization<br />
is part of a strong alliance between national, regional, <strong>and</strong> local indigenous organizations which<br />
involves 1500 local communities, <strong>and</strong> has been done in collaboration with public, municipal <strong>and</strong><br />
national authorities, as well as with international cooperation agencies which have already made<br />
3.7 million dollars available for the project. 24<br />
For now, the <strong>Amazon</strong>ian <strong>REDD</strong> project is being executed <strong>and</strong> no doubt its application <strong>and</strong><br />
evaluation will be an important example for this type of initiative throughout all of the <strong>Amazon</strong>ian<br />
Basin <strong>and</strong> to reassess the political arguments that are beginning to be placed internally in Bolivia<br />
regarding the origin of the funds to finance it.<br />
It is worth noting that, in addition to the current Bolivian legal structure, which is very<br />
favorable <strong>and</strong> guarantees indigenous rights, in this country, initiatives such as the one mentioned<br />
23 See http://www.cidob-bo.org/gti/.<br />
24 For more information on the project, see: http://www.whrc.org/policy/<strong>REDD</strong>/Reports/RudyGuzmanProgram_<br />
Indigena_de_<strong>REDD</strong>_en_la_<strong>Amazon</strong>ia_Boliviana.pdf.<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 33
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