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

to reductions in GHG emissions and concentrations in the atmosphere. 3 These activities
can even be subjected to the certification, or generation, of carbon credits, within the Clean
Development Mechanism (CDM) established in Article 12 of the Kyoto Protocol (Reforestation
and Afforestation) and on the voluntary carbon market. This could serve the future mechanism
of Reducing Emissions from Deforestation and Forest Degradation (REDD) together with the role
of conservation, sustainable management of forests, and enhancement of forest carbon stocks
in developing countries (REDD+). 4
This chapter analyzes the legal aspects of carrying out projects for reducing greenhouse
gas emissions by means of avoided deforestation, conservation, or reforestation on indigenous
lands in Brazil. It also intends to clarify the matter of ownership of the carbon credits generated
by projects of this nature and whether indigenous peoples are recognized as owners and could
therefore directly benefit from the commercialization of such carbon credits.
Contextualizing the Carbon Market and Forest Activities
The carbon market is a generic term that is used to name the negotiation systems of
GHG emissions reductions certificates. 5 This market is constituted on one hand by the offer of
carbon credits coming from activities that lead to GHG emissions reductions or that remove CO2
from the atmosphere, as exemplified by forest projects. On the other hand, there is a demand
for these credits by companies and governments that need to attain emissions-reduction goals.
3 In December 2007, resulting from the 13th Conference of the Parties in Bali, the 2/CP.13 Decision was
published “Reducing emissions from deforestation in developing countries: approaches to stimulate action”
FCCC/CP/2007/6/Add.1 which recognizes the release of GHGs from deforestation and forest degradation and
establishes various actions to be taken by member States to reduce emissions from deforestation and forest
degradation in developing countries, such as training, technology transfer, exploration of actions, activity
demonstrations, and the mobilization of resources to support such efforts.
4 In December of 2009 at the 15th Conference of the Parties in Copenhagen, the States discussed the insertion
of the Mechanism for the Reducing Emissions from Deforestation and Forest Degradation (REDD+) in the
Copenhagen Accord. It is important to note that the States had previously committed themselves, among other
things, to deepening studies on the role of conservation, sustainable forest management and increased forest
carbon reserves in developing countries.
5 The Brazilian Emissions Reduction Market corresponds to a group of institutions, regulations, project
registry systems and negotiation centers that are being implemented by the BM&F/BVRJ, in conjunction
with the Ministry of Development, Industry and Foreign Trade (MDIC). The BM&F, for example, already
includes several CDM projects, although there is no CDM forest project registered to date. Also,
it is important to note that BM&F has already auctioned one set of credits originated on voluntary
bases in 2010.
76 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