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

Ecuador Yes. However, it will be necessary to wait for the legal development of Article 74 of the new Political Constitution
of Ecuador which states that ecosystem services will not be susceptible to appropriation and that the State
will regulate their production, provision, use, and harvesting. There is no law yet in this sense and for now the
government fully recognizes the rights of the IPs over the forest resources in their territories. Additionally, they
recognize the legal personality of the IPs and full legal status.
Peru No. IPs do not have right to the ownership, nor the full disposition of forest resources in their territories. The
legal regulations in Peru limit indigenous rights to the domestic use of the forest resources under the form of use
concessions. While the mentioned regulations are contrary to all international agreements regarding indigenous
rights incorporated by Peru, since they are currently in force, IPs would not be able to be the direct beneficiaries of
activities that involve control and management of forest resources in their territories.
Venezuela No. Even though there is legal recognition of indigenous territorial rights, its implementation has been rare;
there are currently very few demarcated and titled lands. On the other hand, the current government has decided
against the adoption of mechanisms that are geared towards avoiding that Annex I countries meet the entirety
of their obligatory GHG reduction goals, as stated in international agreements. Therefore, the implementation
of REDD mechanisms in this country will depend on the definition of their legal nature at COP 15 as well as
the subsequent continuity or change of the Venezuelan political position with respect to the generation and
commercialization of carbon credits.
74 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