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

less restricted than a NNP, making the implementation of non-traditional activities possible in its
interior without detracting from the environmental objectives of the area. 72
As a matter of fact, the legislation permits the separation of areas from the reserve in
order for non-forestry activities to be implemented. When indigenous people want to carry out
non-traditional economic activities in the overlapping territories, they can solicit the regional
environmental authority for the separation of a part of the forest reserve inside their territory
with the objective of implementing economic uses other than forest uses, while demonstrating
that the protective function of the reserve is not being affected. Article 210 of the RNRC states
that “If in areas of forest reserves, for reasons of public utility or social interest, it is necessary to
implement economic activities that imply removal of forest or land use change or any other
activity different from the rational harvesting of forests in areas of forest reserves, the affected
zone should be duly demarcated and separated from the reserve. It is also possible to separate
from the forest reserve the premises whose owners demonstrate that their soils can be used
in operations other than forestry provided that they do not harm the protective function of
the reserve.”
This means that, in indigenous territories that overlap with forest reserves, indigenous
people can legally change the forest use of their land for other types provided that they meet
with the constraints of environmental regulation; this implies that, to comply with the ecological
function of the property, indigenous people cannot change the forest use of their entire territory,
as it is necessary to define an area to be separated from the forest reserve. The proportion of said
area should be agreed upon between the Regional Environmental Authority and the indigenous
people.
In addition, the laws pertaining to Forest Reserves, establish that any infrastructure
project to be implemented in such an area should guarantee that it does not conflict with the
conservation of renewable natural resources; this constitutes an additional guarantee for the
preservation of the natural resources that belong to the indigenous people who live there. 73
72 Article 207 of the Renewable Natural Resources Code (hereafter RNRC) points out that “The forest reserve area can
only be used for permanent rational use of forests that exist therein or are established and, in any case, should guarantee
the recuperation and survival of the forests.” (Emphasis by author)
73 Article 208 Legislative Decree 2811 of 1974. “Ways, reservoirs, dams or buildings and the implementation of
economic activities inside of forest reserve areas, will require prior licensing. The license will only be granted
when it has been proven that the execution of the works and the exercise of the activities do not conflict with the
conservation of the renewable natural resources of the area.” (Emphasis by author.)
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 47