Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund 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
These goals can be mandatory (established by national legislations as a form of compliance with Kyoto Protocol stipulations for Annex I countries) 6 or voluntary. Therefore, the carbon market is divided into the “official” and the “voluntary” carbon market, determined by the two types of carbon credit demands, depending on whether companies have the legal obligation to reduce emissions or whether companies voluntarily assume reduction goals without being obligated to do so by their governments. A carbon credit is nothing more than a certificate, issued by an authorized organization, verifying that a particular activity led to a reduction in GHG emissions or to the capture of GHGs. This certificate is able to circulate as a credit title and its ownership may be ceded to third parties, subject to, or free of, charges. In the Kyoto Protocol and official markets, these certificates are called Certificate of Emission Reductions (CERs) and are issued by the Executive Board of the Clean Development Mechanism (CDM), which is organized under the United Nations (UN) system. The CERs represent the removal or non-emission of one metric ton of carbon dioxide equivalent by a particular undertaking that may be generated by: 1) a change in technology that leads to less fossil fuel consumption or to less GHG emissions, or 2) forestation and reforestation activities. On the voluntary market, other certificate types can serve as a transaction unit, namely Voluntary Emission Reductions (VERs). These credits can be generated by activities that contribute to avoided deforestation and forest degradation in developing countries, as will be discussed in relation to the REDD mechanism below. On the voluntary market, credit acquisition aims either to neutralize GHG emissions or to reach the goals voluntarily set for the companies or countries not included in Annex 1. REDD Mechanism: Reduced Emissions from Deforestation and Forest Degradation Despite the fact that deforestation is responsible for approximately 15% of the world’s GHG emissions and that it primarily occurs in developing countries like Brazil, 7 the Kyoto Protocol 6 Kyoto Protocol of the United Nations Framework on Climate Change (adopted December 11, 1997 and entered into effect on February 16, 2005), Art.2 and Annex I. 7 It has been calculated that 58% of all GHG emissions coming from Brazil originate from deforestation. According to the National Emission Inventory published in 2006, 1.2 GtCO e are released annually into the atmosphere 2 caused by fires to open up plantation areas, from carbon used for metallurgy, or to provide raw material for wood products. Pathways to a Low-Carbon Economy for Brazil, McKinsey & Company, 2009, p. 9. 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 77
- Page 28 and 29: internal debates on this issue, pre
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These goals can be m<strong>and</strong>atory (established by national legislations as a form of compliance with<br />
Kyoto Protocol stipulations for Annex I countries) 6 or voluntary. Therefore, the carbon market<br />
is divided into the “official” <strong>and</strong> the “voluntary” carbon market, determined by the two types of<br />
carbon credit dem<strong>and</strong>s, depending on whether companies have the legal obligation to reduce<br />
emissions or whether companies voluntarily assume reduction goals without being obligated to<br />
do so by their governments.<br />
A carbon credit is nothing more than a certificate, issued by an authorized organization,<br />
verifying that a particular activity led to a reduction in GHG emissions or to the capture of GHGs.<br />
This certificate is able to circulate as a credit title <strong>and</strong> its ownership may be ceded to third parties,<br />
subject to, or free of, charges.<br />
In the Kyoto Protocol <strong>and</strong> official markets, these certificates are called Certificate of<br />
Emission Reductions (CERs) <strong>and</strong> are issued by the Executive Board of the Clean Development<br />
Mechanism (CDM), which is organized under the United Nations (UN) system. The CERs represent<br />
the removal or non-emission of one metric ton of carbon dioxide equivalent by a particular<br />
undertaking that may be generated by: 1) a change in technology that leads to less fossil fuel<br />
consumption or to less GHG emissions, or 2) forestation <strong>and</strong> reforestation activities.<br />
On the voluntary market, other certificate types can serve as a transaction unit, namely<br />
Voluntary Emission Reductions (VERs). These credits can be generated by activities that contribute<br />
to avoided deforestation <strong>and</strong> forest degradation in developing countries, as will be discussed in<br />
relation to the <strong>REDD</strong> mechanism below. On the voluntary market, credit acquisition aims either<br />
to neutralize GHG emissions or to reach the goals voluntarily set for the companies or countries<br />
not included in Annex 1.<br />
<strong>REDD</strong> Mechanism: Reduced Emissions from <strong>Deforestation</strong><br />
<strong>and</strong> Forest Degradation<br />
Despite the fact that deforestation is responsible for approximately 15% of the world’s<br />
GHG emissions <strong>and</strong> that it primarily occurs in developing countries like Brazil, 7 the Kyoto Protocol<br />
6 Kyoto Protocol of the United Nations Framework on Climate Change (adopted December 11, 1997 <strong>and</strong> entered<br />
into effect on February 16, 2005), Art.2 <strong>and</strong> Annex I.<br />
7 It has been calculated that 58% of all GHG emissions coming from Brazil originate from deforestation. According<br />
to the National Emission Inventory published in 2006, 1.2 GtCO e are released annually into the atmosphere<br />
2<br />
caused by fires to open up plantation areas, from carbon used for metallurgy, or to provide raw material<br />
for wood products. Pathways to a Low-Carbon Economy for Brazil, McKinsey & Company, 2009, p. 9.<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 77