Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
the lands that they possess and that are inside of natural protected areas (NPAs); but, on the other hand, Article 18 of Law Decree 22175 of May 9, 1978 establishes that native communities residing inside of the limits of National Parks can remain there, without property titles, provided that they do not violate the principles that justify the establishment of said conservation units. Additionally, Article 31 of Law 26834 (1997) regarding natural protected areas states that “the administration of the protected area will give priority attention to ensuring the traditional uses and lifestyles of the ancestral native and rural communities that live in natural protected areas and their surroundings, respecting their self-determination, to the extent that said uses are compatible with the purposes of the same. The State promotes the participation of said communities in the establishment and attainment of the purposes and objectives of natural protected areas.” If we consider the most recent law of those mentioned above, it is evident that Peruvian legislation favors the environmental conservation of areas which overlap with indigenous lands and subjects the participation of indigenous people to the attainment of the purposes and objectives of each NPA. It is worthwhile to point out that the Peruvian legislation does not mention anything regarding indigenous participation in the administration and management of the NPAs that are part of indigenous territories, thereby disregarding their rights of government and autonomy. Finally, since current indigenous and forest legislation in Peru is confusing, it is unlikely that indigenous people are able to implement and be the direct beneficiaries of eventual REDD projects in their territories. In theory, native and rural communities can carry out non-timber forest harvesting in their territories if a management plan has been approved by INRENA, which will include the activities related to what Peruvian law considers the lending of the ecosystem service of carbon sequestration. However, these activities are subject to the regulations of the forestry law which have not yet been issued. The Peruvian State has ratified and incorporated all of the international rules regarding climate change. Even though no specific national legislation exists regarding the generation and commercialization of carbon credits, the Peruvian government has publicly expressed in diverse public policy instruments, its intention to promote the forest carbon market as a development alternative for the Amazon region itself. At the same time, though not dealing specifically with carbon credits, the forestry law, which has been in force since 2000, defines the “absorption of carbon dioxide” 114 as a forest 114 Law 27308 of July 2000. Forestry and Wild Fauna Law. Article 2. Definition of forest resources, wild fauna and ecosystem services. 60 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
ecosystem service which implies that activities related to this ecosystem service are subjected to the granting of a forest concession in the form of “forest concession with non-timber purposes”, according to Article 10.2 of the forestry law. 115 Even though there is no regulation that specifies the laws for so-called non-timber harvesting, according to Article 12 of the same forestry law, native and rural communities can harvest forest and non-forest resources in community lands if a management plan that guarantees the sustainable harvesting of said resources has been approved by INRENA. 116 At this point in time, the law that applies to non-timber harvesting has yet to be defined. Still, this type of provision only affirms the ownership of the State over forest resources, which will eventually hinder indigenous people from being the direct beneficiaries of REDD projects in their territories, given that the legislation permits that they can be concessionaries, and not owners, of the forest resources, and therefore will not have full legal rights to execute avoided deforestation and conservation activities in native forests, except apparently, carbon sequestration activities for the recuperation of areas that are concessions. As there is no clarity regarding the legal norms for non-timber forest concessions, and since they fall under a concessionary system and are not owners, indigenous people have few possibilities of being the direct beneficiaries of REDD mechanisms in the Peruvian Amazon. Venezuela Venezuela is one of the countries in the region that has taken the longest to recognize the existence of indigenous people in its territory, and therefore also to develop and guarantee their differentiated rights. However, the current problem in this country is not the lack of legislation 115 Thus, the cited law establishes that: “(…) 2. Forest concessions with non-timber purposes. Harvesting with commercial and industrial purposes of non-timber forest resources is performed under the specific conditions that the present Law establishes in its regulations, in the following manner: (…) b. Concessions for ecotourism, conservation, and ecosystem services. Concessions in lands with capacity of greater forest use or in protection forests for the development of ecotourism, conservation of wild species of flora and fauna, carbon sequestration and other ecosystem services are granted by the competent authority under the conditions established in the regulations. The size of the unit of exploitation and the procedure for its promotion are determined by technical studies through INRENA and approved through ministerial resolution by the Ministry of Agriculture.” (Emphasis by author.) 116 Law 27308 of July 2008. Forestry and Wild Fauna Law. Article 12. Harvesting of forest resources in community lands. Native and rural community lands, prior to the harvest of their timber and non-timber resources of wild fauna with industrial and commercial purposes, should have their management plan approved by INRENA, according to the legal requirements to ensure the sustainable harvest of said resources. The appropriate authority will advise and assist, on a priority basis, Community and Rural communities with this purpose. 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 61
- Page 11 and 12: Indigenous Lands and the Climate Cr
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- 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
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- 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
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- Page 50 and 51: The law permits and stimulates refo
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- Page 54 and 55: One of these bills relates to the e
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- Page 74 and 75: Can IPs dispose of the forestry res
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- Page 90 and 91: e considered a security under Brazi
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the l<strong>and</strong>s that they possess <strong>and</strong> that are inside of natural protected areas (NPAs); but, on the other<br />
h<strong>and</strong>, Article 18 of Law Decree 22175 of May 9, 1978 establishes that native communities residing<br />
inside of the limits of National Parks can remain there, without property titles, provided that they<br />
do not violate the principles that justify the establishment of said conservation units. Additionally,<br />
Article 31 of Law 26834 (1997) regarding natural protected areas states that “the administration of<br />
the protected area will give priority attention to ensuring the traditional uses <strong>and</strong> lifestyles of the<br />
ancestral native <strong>and</strong> rural communities that live in natural protected areas <strong>and</strong> their surroundings,<br />
respecting their self-determination, to the extent that said uses are compatible with the purposes<br />
of the same. The State promotes the participation of said communities in the establishment <strong>and</strong><br />
attainment of the purposes <strong>and</strong> objectives of natural protected areas.”<br />
If we consider the most recent law of those mentioned above, it is evident that Peruvian<br />
legislation favors the environmental conservation of areas which overlap with indigenous l<strong>and</strong>s <strong>and</strong><br />
subjects the participation of indigenous people to the attainment of the purposes <strong>and</strong> objectives<br />
of each NPA. It is worthwhile to point out that the Peruvian legislation does not mention anything<br />
regarding indigenous participation in the administration <strong>and</strong> management of the NPAs that are<br />
part of indigenous territories, thereby disregarding their rights of government <strong>and</strong> autonomy.<br />
Finally, since current indigenous <strong>and</strong> forest legislation in Peru is confusing, it is unlikely<br />
that indigenous people are able to implement <strong>and</strong> be the direct beneficiaries of eventual <strong>REDD</strong><br />
projects in their territories. In theory, native <strong>and</strong> rural communities can carry out non-timber<br />
forest harvesting in their territories if a management plan has been approved by INRENA, which<br />
will include the activities related to what Peruvian law considers the lending of the ecosystem<br />
service of carbon sequestration. However, these activities are subject to the regulations of the<br />
forestry law which have not yet been issued.<br />
The Peruvian State has ratified <strong>and</strong> incorporated all of the international rules regarding<br />
climate change. Even though no specific national legislation exists regarding the generation <strong>and</strong><br />
commercialization of carbon credits, the Peruvian government has publicly expressed in diverse<br />
public policy instruments, its intention to promote the forest carbon market as a development<br />
alternative for the <strong>Amazon</strong> region itself.<br />
At the same time, though not dealing specifically with carbon credits, the forestry law,<br />
which has been in force since 2000, defines the “absorption of carbon dioxide” 114 as a forest<br />
114 Law 27308 of July 2000. Forestry <strong>and</strong> Wild Fauna Law. Article 2. Definition of forest resources, wild fauna <strong>and</strong><br />
ecosystem services.<br />
60 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
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