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

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On the other hand, the Colombian legal system recognizes indigenous people and communities as collective subjects with fundamental rights, 57 which in turn are represented legally and extra-judicially by their traditional authorities. The law defines traditional authorities as those “members of the indigenous community who exercise, within the structure of the respective culture, a power of organization, government, management or social control.” 58 Traditional authorities already incorporated in the law are the indigenous councils, recognized in law 89 of 189059 and the Traditional Indigenous Authority Associations (TIAAs) recognized as organizations of indigenous authority representation in Decree 1088 of 1993. 60 It is worthwhile to note that the Colombian legal system has been categorical in affirming that indigenous authorities do not have omnipotent power to dispose of the natural resources in indigenous lands by themselves, as they are always subject to the ultimate decisions of the communities and people they represent. Thus, the Colombian Constitutional Court points out that “The right to collective property of the renewable natural resources which are found in their territories does not grant an all-embracing power to the representatives of the respective indigenous communities to freely dispose of them. The autonomy of the indigenous authorities in the management of their own issues, especially in regard to the use of natural resources, should be exercised with full responsibility. The indigenous community can always argue the ultra vires doctrine against acts of their authorities who have illegally or arbitrarily disposed of the 57 Currently, the Constitution itself explicitly mentions indigenous communities in articles 96, 171, 246, 329 and 330 and defines them as “the set of families of Amerindian descent who have awareness of identity and share values, features, uses or customs of their culture, as well as forms of government, management, social control or their own normative systems which distinguish them from other communities, having property titles or not, or being unable to legally prove them, or whose reservations were dissolved, divided or declared vacant. Article 2 Decree 2164 of 1995. 58 Article 20 Decree 2164 of 1995. 59 The law defined Indigenous Council as “a special public entity whose members are members of an indigenous community, elected and recognized by them, as a traditional socio-political organization whose function is to legally represent the community, exercise authority and perform the activities attributed to them by the laws, uses, customs and internal regulation of each community.” (Emphasis by author.) 60 TIAAs are defined as “entities of Public Law of special character with juridical status, and with separate patrimony and administrative autonomy”, and which do not compromise the autonomy of the communities and their associated authorities. Among the objectives of the TIAAs is to “advance industrial and commercial activities, whether directly or through agreements made with natural persons or legal entities,” which means that this has a legal status that includes both the traditional character of the authorities of each community, and also acts as a legal institution for activities not necessarily traditional, as could be the realization of REDD project for the emission and commercialization of carbon credits belonging to indigenous communities possibly associated with TIAAs. Decree 1088 of 1993. 42 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
natural wealth included in their territory, and who, therefore, should be stripped of all binding power.” 61 Aloisio Cabalazar/ISA With respect to the ownership of the forest resources in indigenous territories, it is necessary to clarify that in principle, the general rule in the Colombian legal system states that renewable natural resources, such as native forests, belong to the State. 62 Traditional hut in Puerto Ortega, Pira-paraná, Colombia. However, when native forests are within an indigenous territory, an exception is made to this rule according to the constitutional principles that recognize and protect the collective property ownership of the territories and natural resources traditionally used by the indigenous people, and without which the conditions for physical and cultural survival of the people who depend on the forests as a principal source of food and shelter would be seriously compromised. The recognition of this right over renewable natural resources prevents the Nation from exercising any right of disposition over forest resources located in IR. The Colombian law states that forest harvesting done by indigenous communities in indigenous territories is governed by 61 Judgment Nº T-380 of 1993. 62 While the renewable natural resources in Colombia are property of the Nation, at the regional level their administration falls under the purview of Autonomous Regional Corporations, the authorities of large urban centers, and the environmental authorities in the districts of Barranquilla, Santa Maria and Cartagena. In accordance with numeral 9 of article 31 of Law 99 of 1993, these entities are equipped to grant environmental concessions, permissions, authorizations and licenses required for the use, harvesting or mobilization of renewable natural resources or for the development of activities which affect or could affect the environment, grant permissions and concessions for forestry, as well as concessions for the use of surface and subterranean water, and establish hunting and sport-fishing bans. According to articles 8, 63, 79 subsection 2, 80, 102, 330 paragraph of the PC of 1991 and article 42 of the National Renewable Natural Resources Code. National Renewable Natural Resources Code, law 2811 of 1974. Article 42. Renewable natural resources and other environmental elements regulated by this Code which are found within the national territory belong to the Nation, without prejudice to the rights legitimately acquired by individuals and the special norms regarding vacant lands. See: http://www.secretariasenado.gov.co/senado/basedoc/decreto/1974/decreto_2811_1974.html. 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 43
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 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 and 116:
Reducing Risks: Framework for Proje
Page 117 and 118:
Michel Pellanders/Hollandse Hoogte,
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
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