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

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did not establish any mechanism to stimulate the reduction of deforestation, as done for other sources of emissions. This is because the idea of including tropical rainforest conservation as part of an international climate agreement initially provoked opposition for fear that it might lead to releasing developed countries from their obligation to reduce their industrial emissions. Other concerns arose regarding the technical aspects of forest carbon monitoring and considering that such a mechanism could threaten the sovereignty of developing countries with forests. 8 However, since 2005 there have been improved discussions and proposals focused on creating a reduction mechanism for GHG emissions coming from deforestation. Reservations about potentially negative consequences for the countries involved have also been taken into consideration. 9 This mechanism was initially called the Tropical Deforestation Emission Reduction Mechanism (TDERM), which later came to include the possibility of tackling the GHG emissions caused by forest degradation (intensive logging, for example), as well as including measures for conservation and for increasing carbon stocks in forests. Thus, TDERM came to be known as REDD+ (Reducing Emissions from Deforestation and Degradation), the term currently used. Summarizing, the REDD+ mechanism attempts to contribute to a reduction in deforestation – and to the consequent reduction in GHG emissions – in tropical countries, by means of financial and technological incentives. 10 The major idea behind the REDD+ mechanism is that developing countries (including Brazil among) are able to verifiably reduce their national deforestation levels in comparison to a pre-established historical average, and adjust for national circumstances, should be financially compensated for their efforts. 11 This also occurs when some countries decide to adopt clean technologies even though they are not under any obligation to do so. 12 Therefore, projects that avoid or reduce deforestation in a certain region or place should also benefit from said financial compensation. 8 ANDERSON, Anthony B., Redução de Emissões Oriundas do Desmatamento e Degradação Florestal (REDD): Desafios e Oportunidades (Reducing Emissions from Deforestation and Forest Degradation: Challenges and Opportunities), Mudanças Climáticas (Climate Changes), ANDI, 2009. 9 The item, reducing emissions from deforestation in developing countries first appeared at the 11th Conference of the Parties in Montreal (COP11), December of 2005. Report of the Conference of the Parties on its eleventh session, held in Montreal from November 28 to December 10, 2005. FCCC/CP/2005/5, paragraphs 76–84. 10 Bali Action Plan, Decision 1/CP13 and Decision 2/CP13, FCCC/CP/2007/6/Add.1 11 In the last SBSTA recommendation approved by COP15 “ it was noted that national circumstances include those of countries with specific circumstances, such as high forest cover and low rates of deforestation.” FCCC/SBSTA/2009/8, paragraph 30. 12 SANTILLI, Marcio et al. “Tropical deforestation and the Kyoto Protocol: an editorial essay”. In MOUTINHO & SCHWARTZMAN, Tropical Deforestation and Climate Change, 2005. 78 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
The UNFCCC has not yet incorporated the REDD+ mechanism as an official emissions reduction mechanism, which means that for now there are no official rules regarding its functioning and its credits circulate only on the voluntary market. However, since 2007, as expressed in the Bali Action Plan, there is a consensus that, even without an established format, a new climate agreement should include a mechanism that serves forest concerns. 13 Today there are several initiatives in various parts of the world which aim at implementing concrete projects for reducing deforestation and trying to obtain resources on the voluntary carbon market. Although it is not an official mechanism, REDD+ is already a reality and has generated projects, contracts and, in rare cases, payments for REDD+ activities. For indigenous lands, where the threat of deforestation is obvious from the expansion of deforested areas all around them, this may be an important financial mechanism, contributing financially to strengthen and support indigenous people’s activities of fiscalization and protection of lands and natural resources, which are of utmost importance to indigenous peoples. Reforestation In addition to avoided deforestation, reforestation activities are capable of generating carbon credits since they contribute to diminishing GHG concentrations in the atmosphere. As forests grow, they absorb CO from the atmosphere and store it in the form of biomass. This 2 capacity for absorption is commonly called “carbon sequestration”. Reforestation activities, differing from those of REDD+, are regulated within the scope of the Clean Development Mechanism. 14 For this reason, they are able to generate carbon credits that are tradable on the official market. However, for many reasons not possible to cover in detail here, only a few reforestation projects actually gained recognition from the CDM Executive Board, and as a result only a few managed to generate these credits called CERs. 15 13 This is because 1) the remote sensing technology available today has improved a great deal compared to the 1990s; and 2) the scientific evidence on the magnitude of anthropic climate change is demanding quick and significant emissions reductions in order to limit the mean global temperature increase to 2º C. 14 Article 12 of the Kyoto Protocol (1997) and Decision 5/CMP.1 Modalities and procedures for afforestation and reforestation project activities under the clean development mechanism in the first commitment period of the Kyoto Protocol, FCCC/KP/CMP/2005/8/Add.1, p.61. 15 World Bank data from 2007 indicated that only 1% of the CDM goals refer to the forest sector, corresponding to only 0.2% of the CERs issued. On the other hand, forest projects on the voluntary market are estimated to represent 36% of the total carbon volume negotiated in the year. Mercados de Cabono – Situação dos projetos florestais (Carbon Markets – The Situation of Forestry Projects), Brazilian Foundation for Sustainable Management, 2008. http://www.fbds.org.br/IMG/pdf/doc-303.pdf. 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 79
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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
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Nogueira, EM., Fearnside, PM., Nels
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22 Av o i d e d d e f o re s t A t
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Given the absence of legal definiti
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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 72 and 73: to implement REDD projects with bec
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 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
Page 123 and 124: 2009). The Surui are also engaging
Page 125 and 126: will be critical, given that eventu
Page 127 and 128: Legal Aspects of the Surui Carbon P
Page 129 and 130: 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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