Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund 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
A Legal Opinion on the Ownership of Carbon Credits Generated by Forest Activities on Indigenous Lands in Brazil Raul Silva Telles do Valle* Erika Magami Yamada ** The present legal opinion analyzes the legal viability of carrying out forest carbon projects that generate carbon credits on indigenous lands. We focus on activities of reduced emissions from deforestation and forest degradation (REDD), plus maintenance of carbon stocks and forestation of threatened or degraded areas within indigenous lands in Brazil. This chapter aims to clarify the matter of indigenous ownership of forest carbon credits generated by such activities. We conclude that there is a possibility that indigenous peoples might directly benefit from the commercialization of carbon credits generated by such forest projects since they are recognized as the genuine owners of rights over the lands, as well as their natural resources and the benefits resulting from them, including carbon credits. Introduction Concern over global climate change and its adverse effects on society and the world economy is nothing new, yet is has significantly grown in recent years. The United Nations Framework Convention on Climate Change (UNFCCC), ratified by Brazil and 165 other countries in 1992, 1 clearly expressed just how important it has become to progressively reduce greenhouse gas emissions (GHGs), a responsibility shared by all signatory countries. Ever since then, the international community has been searching for ways to comply with this obligation. The Kyoto Protocol (1997) 2 defined a set of GHG reducing goals for industrialized countries to meet by 2012 and it created market mechanisms to help reach these objectives. Aforestation and reforestation, reduced emissions from deforestation and forest degradation and forest conservation activities on indigenous lands are able to directly contribute * Raul Silva Telles do Valle, lawyer, Socioenvironmental Law and Policy Program, Instituto Socioambiental. ** Erika Magami Yamada, awyer, Socioenvironmental Law and Policy Program, Instituto Socioambiental. 1 By March 08, 2010, 194 countries had signed the United Nations Framework Convention on Climate Change (UNFCCC).http://unfccc.int/kyoto_protocol/items/2830.php. 2 The Kyoto Protocol was ratified by Brazil on August 23, 2002 and entered into effect on February 16, 2005. As of date, 188 of the Climate Convention’s signatory countries also ratified the Protocol. 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 75
- Page 26 and 27: Given the absence of legal definiti
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- Page 30 and 31: which they have traditionally owned
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- 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 113 and 114: has decimated much of their forest.
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A Legal Opinion on the Ownership of Carbon Credits<br />
Generated by Forest Activities on <strong>Indigenous</strong> L<strong>and</strong>s in Brazil<br />
Raul Silva Telles do Valle*<br />
Erika Magami Yamada **<br />
The present legal opinion analyzes the legal viability of carrying out forest carbon projects that generate carbon credits on indigenous<br />
l<strong>and</strong>s. We focus on activities of reduced emissions from deforestation <strong>and</strong> forest degradation (<strong>REDD</strong>), plus maintenance of carbon stocks<br />
<strong>and</strong> forestation of threatened or degraded areas within indigenous l<strong>and</strong>s in Brazil. This chapter aims to clarify the matter of indigenous<br />
ownership of forest carbon credits generated by such activities. We conclude that there is a possibility that indigenous peoples might<br />
directly benefit from the commercialization of carbon credits generated by such forest projects since they are recognized as the genuine<br />
owners of rights over the l<strong>and</strong>s, as well as their natural resources <strong>and</strong> the benefits resulting from them, including carbon credits.<br />
Introduction<br />
Concern over global climate change <strong>and</strong> its adverse effects on society <strong>and</strong> the world<br />
economy is nothing new, yet is has significantly grown in recent years. The United Nations<br />
Framework Convention on Climate Change (UNFCCC), ratified by Brazil <strong>and</strong> 165 other countries<br />
in 1992, 1 clearly expressed just how important it has become to progressively reduce greenhouse<br />
gas emissions (GHGs), a responsibility shared by all signatory countries. Ever since then, the<br />
international community has been searching for ways to comply with this obligation. The Kyoto<br />
Protocol (1997) 2 defined a set of GHG reducing goals for industrialized countries to meet by 2012<br />
<strong>and</strong> it created market mechanisms to help reach these objectives.<br />
Aforestation <strong>and</strong> reforestation, reduced emissions from deforestation <strong>and</strong> forest<br />
degradation <strong>and</strong> forest conservation activities on indigenous l<strong>and</strong>s are able to directly contribute<br />
* Raul Silva Telles do Valle, lawyer, Socioenvironmental Law <strong>and</strong> Policy Program, Instituto Socioambiental.<br />
** Erika Magami Yamada, awyer, Socioenvironmental Law <strong>and</strong> Policy Program, Instituto Socioambiental.<br />
1 By March 08, 2010, 194 countries had signed the United Nations Framework Convention on Climate Change<br />
(UNFCCC).http://unfccc.int/kyoto_protocol/items/2830.php.<br />
2 The Kyoto Protocol was ratified by Brazil on August 23, 2002 <strong>and</strong> entered into effect on February 16, 2005. As of<br />
date, 188 of the Climate Convention’s signatory countries also ratified the Protocol.<br />
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 75
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