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

harnessed, can be interesting instruments to consolidate the indigenous territorial governability
in the region.
The situation of each country, as well as its processes of administrative and bureaucratic
implementation of indigenous territorial rights is very distinct. However it is possible to identify
some common elements to nurture a discussion of a more regional nature. For example, countries
such as Ecuador and Bolivia, who have recently approved Constitutional Charters which widely
recognize indigenous territorial rights and political autonomy, are at the forefront of true
opportunities to harmonize their current laws pertaining to forest resources and indigenous
territories. For now principally, the current rules guarantee the control of indigenous people
over land use and the management of their natural resources. It remains to be seen what said
principles mean for the incorporation of international rules regarding climate change, and the
generation and commercialization of carbon credits in the post-2012 regime in each one of these
countries.
In the case of Peru, the situation of indigenous territorial rights is truly complex. On one
hand, there is total incongruity between the international norms ratified by this country and the
domestic indigenous legislation. According the current internal legislation, they do not recognize
the property rights of indigenous people over forest resources in their lands, or offer any type
of guarantee for the permanence of native communities’ ownership of collective property. In
fact, the official policies of the Peruvian State currently promote the transfer of indigenous lands
and the elimination of communal property. Peru is the country in the Amazon region which
offers the least amount of protection and guarantees with regards to the territorial rights of
indigenous people (with the exceptions of the Guyanas and Suriname which do not have any
specific legislation in this regard).
In countries such as Colombia and Brazil, the rights of indigenous people seem to be
more consolidated. The control and access to forest resources in their territories is legally less
discussed than in the other countries analyzed. However, both countries lack clarity regarding
the rules regarding environmental resources and their use and enjoyment rights by indigenous
people, both regarding areas that overlap with conservation units (which include everything from
Forestry Reserves to Natural Parks), and the type and quantity of intangible areas for conservation
that should respect indigenous people as collective owners who have the fundamental right to
the use and enjoyment of their territories and natural resources.
In Venezuela, the territorial rights of indigenous people are not a problem of legal
cohesion, but of administrative application. Currently it is not possible for indigenous people
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 69