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

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to implement REDD projects with because the Venezuelan government has publicly expressed its disagreement with the application of compensation mechanisms that avoid the absolute compliance with obligatory goals on the part of Annex I countries. Additionally, in relation to the territorial rights of indigenous people in Venezuela, the implementation of current indigenous norms has been a serious problem for more than a decade. On the other hand, there is no clarity regarding the harmonization between indigenous rights and the current forestry legislation. The ancestral lands of a very high percentage of indigenous people in the Venezuelan Amazon overlap with NPAs without any rules that govern this situation. Finally, it is necessary to recognize that in many countries national laws and administrative practice of adopting international agreements are inconsequential, as the Peruvian case explicitly exemplifies. It is not possible to confirm that the rest of the countries have acceptable levels of normative coherence between the international instruments ratified by them, their internal norms and their administrative practices. Because of this, among other reasons, it would be naïve to believe that adopting international agreements by itself guarantees the effectiveness of indigenous rights. However, it is not possible to ignore that the existence of these international agreements represents an important frame for the internal political debate which each country will have to face in the definition and distribution of the costs and the benefits derived from the implementation of REDD mechanisms. It is important to understand that the international instruments regarding human rights of indigenous people are an important legal frame, but not sufficient to warrant that the implementation of REDD mechanisms also guarantees the territorial rights of indigenous people. The consolidation of the indigenous peoples’ territorial governance of the will define case by case the rights and obligations the indigenous people and other traditional populations who currently live there derive from the maintenance of the Amazon forest. 70 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
Comparison of Rights of Indigenous People and REDD Mechanisms in the Amazon Basin Do indigenous people (IPs) have guaranteed ownership over the lands they traditionally have occupied? Bolivia Yes. In Bolivia IPs have the collective, indivisible, inalienable, imprescriptible, indefeasible, and irreversible right to ownership of their lands. The constitutional right is guaranteed in the international norms which shape the Constitutional Bloc of this country. Brazil Yes. The FC recognizes the original rights of IPs over their territories. The bare ownership of ITs belongs to the Union, but the IPs have the imprescriptible rights of permanent possession and exclusive usufruct of the riches of the soil, rivers and lakes on their lands, excluding the subsoil and hydroelectric uses. By constitutional provision, ITs are inalienable and the rights over them are imprescriptible and indefeasible. Colombia Yes. IPs in Colombia have the collective, inalienable, indefeasible, and imprescriptible right to ownership of their territories. This constitutional right is reinforced by ILO C169 which explicity forms part of the Constitutional Bloc of this country. Ecuador Yes. Ecuador recognizes the indivisible, imprescriptible and inalienable property right of community lands. There is a constitutional guarantee and explicit incorporation of ILO C169 and UNDRIP in the Constitutional Bloc of Ecuador. Peru No. Native communities’ ownership rights can be transferred and seized. Venezuela Yes. The Venezuelan State recognizes the collective, inalienable, imprescriptible, indefeasible, and nontransferable right of indigenous people over their territories. Do IPs have the right to full use and enjoyment of the forest resources in their territories? Bolivia Yes. IPs have the right of ownership over the natural resources which exist in their territories, within the limitations of applicable environmental laws. Currently, it is not possible to grant new forestry concessions to third parties within ITs. Brazil Yes. IPs have the right of exclusive usufruct over the natural resources in their territories. It is not possible to grant forestry concessions within ITs through explicit statutory exception. Colombia Yes. The use and enjoyment rights over natural resources by IPs are limited by the environmental obligations which must be met in indigenous territories. Ecuador Yes. IPs have the exclusive usufruct right of the natural resources in their territories, limited only by obligations resulting from environmental regulations which apply to every type of property in Ecuador. Peru No. The State does not recognize IP ownership over forest resources in their territories. Peru only recognizes use concessions in favor of the IPs over the lands with “forestry potential” on the condition that they are used exclusively for survival. Venezuela Yes. IPs have rights over the natural resources in their territories. However, there is a lack of clarity about the exception forestry permissions and concessions to third parties within ITs that do not overlap NPAs are prohibited. 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 71
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Avoided Deforestation (REDD) and In
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Avoided Deforestation (REDD) and In
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Summary Introduction Raul Silva Tel
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Amazon region is currently the pref
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Indigenous Lands and the Climate Cr
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“Amazon biome,” which does not
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approximately 13 million hectares,
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The tables below display data regar
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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 44 and 45: On the other hand, the Colombian le
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 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
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2009). The Surui are also engaging
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will be critical, given that eventu
Page 127 and 128:
Legal Aspects of the Surui Carbon P
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from afforestation, reforestation,
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of representing their respective co
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they are entitled to participate in
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In the case of Brazil, the prolifer
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• Article 11, IV of the referred-
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Sole paragraph. The rule of this Ar
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constitutional rights of Brazilian
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of exploitation or use, and belong
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alignment with the Brazilian consti
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