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

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more than 100 million hectares<br />

of the <strong>Amazon</strong>ian region <strong>and</strong><br />

98.8% of these are preserved.<br />

It is therefore obvious<br />

that the existence of demarcated<br />

indigenous l<strong>and</strong>s contributes<br />

to avoiding <strong>and</strong> containing<br />

deforestation, with an associated<br />

reduction in GHG emissions. This<br />

evidence caused these l<strong>and</strong>s<br />

to be distinguished by Decree<br />

5758/2006 as constituents of the<br />

<strong>Deforestation</strong> surrounding the Xingu <strong>Indigenous</strong> Park:<br />

99% of forests inside of indigenous l<strong>and</strong>s are conserved.<br />

National Strategic Plan for Protected Areas. Therefore, if <strong>REDD</strong>+ activities came to be carried out<br />

in this country, indigenous l<strong>and</strong>s should be among the main beneficiaries, both due to the carbon<br />

stock in these areas <strong>and</strong> the role they play in effectively inhibiting deforestation. However, could<br />

projects of this nature be developed on these l<strong>and</strong>s?<br />

The L<strong>and</strong> as a Space for Cultural Reproduction<br />

Marisa G. Fonseca/ISA, 2009<br />

To answer this question, we first must consider whether <strong>REDD</strong>+ activities <strong>and</strong> reforestation<br />

projects may be developed on indigenous l<strong>and</strong>s, or if, in some way, these projects go against the<br />

objectives <strong>and</strong> special-use regime of indigenous l<strong>and</strong>s in Brazil.<br />

The Brazilian Federal Constitution (1988), in accordance with main fundamental rights<br />

instruments, including the International Labor Organization (ILO) Convention 169 <strong>and</strong> the<br />

UN Declaration on the Rights of <strong>Indigenous</strong> Peoples (2007), recognizes indigenous customs,<br />

languages, beliefs, traditions <strong>and</strong> social organization. It rejects the discriminatory idea of a gradual<br />

but m<strong>and</strong>atory assimilation of indigenous people <strong>and</strong> their cultures into a non-indigenous way<br />

of life. 18 As Juliana Santilli points out, the Brazilian constitution’s multicultural perspective values<br />

18 The Federal Constitution of 1988 validated the original right of indigenous peoples over the territories<br />

traditionally occupied by them (Art. 231, heading). The l<strong>and</strong>s traditionally occupied by them “inhabited by them in<br />

a permanent manner, used in their productive activities, indispensable to the preservation of the environmental<br />

resources necessary for their well-being <strong>and</strong> to their physical <strong>and</strong> cultural reproduction, according to their uses,<br />

customs <strong>and</strong> traditions “ (Art. 231, heading). According to the Constitution, it is an obligation of the Brazilian State<br />

to demarcate indigenous l<strong>and</strong>s (which foresees the identification <strong>and</strong> physical delimitation activities) <strong>and</strong><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 81

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