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

This means that indigenous people and communities can freely dispose of, and decide
the economic base of, their territories and the development priorities that they freely choose.
According to the Venezuelan legislation itself, the freedom to elect the forms of use, enjoyment,
exploitation and administration of indigenous lands, as well as the definition of the model from
which to develop their own economic practices can only have the limitations established by the
BC and specifically applicable laws.
Constitutional restrictions refer exclusively to “the territorial integrity of the Nation and
compliance with the social function of all ownership rights.” Meanwhile, the FLIPC points out
that the limits for the definition for the economic model to be developed in indigenous territories
will be “local sustainable development” (Article 122); this imposes on indigenous property, in
addition to the social function, the obligation of meeting an environmental function, which
implies compliance with the restriction of common use of all property, provided that they are
not in contradiction to the differential rights recognized for indigenous people.
In indigenous habitat and lands where there are areas decreed to be under special
administration (NPAs or Special Sustainable Development Zones), 121 compatible with indigenous
property agreements and mechanisms of coordination with the competent State authorities
should be established, that place conditions on the exercise of indigenous autonomy over the
management of their natural resources.
It should be emphasized that the law of forests and forest management of 2008 has
not explicitly prohibited forest harvesting by third parties in indigenous lands, which would
be consistent with the current indigenous legislation. On the contrary, the law establishes the
possibility of granting concessions to third parties in indigenous lands and in Article 67 refers to
the necessity of consultation to grant permissions and concessions for native productive forest
management in demarcated indigenous lands. 122 This contradiction is the most evident legal
121 Fundamental Law for Territorial Zoning. Nº 3.238 of 1983. Regarding Zoning Plans of the areas under Special
Administration Regime. Article 15. – Areas under special administration include areas of national territory which
are subject to a special management regime according to special laws which, in particular, are the following: 1)
National Parks; 2) Protective Zones; 3) Forestry Reserves; 4) Special Security and Defense Areas; 5) Wildlife Reserves;
6) Wildlife Refuges; 7) Wildlife Sanctuaries; 8) Natural Monuments; 9) Zones of Touristic Interest; 10) Areas subject
to a special administrative management as stated in International Treaties.
122 Article 67 of the Decree law about Forests and forest management (6.070 of 2008) points out that: “indigenous
communities will be duly consulted by the appropriate body in the case of permissions or concessions for the
management of native productive forests solicited by third parties, in their community origin lands, demarcated as such
according to the rules which govern the matter.” (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 65