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

In accordance with this international normative, the Brazilian constitution guarantees
indigenous peoples ample control over the natural resources on their lands. The Brazilian Federal
Constitution proclaims in Article 231 the original right of indigenous peoples over their lands,
as well as the permanent tenure and exclusive usufruct of the natural resources found there.
According to the understanding of the Brazilian Constitutional Court:
“The lands traditionally occupied by Indians are under the of the Federal Union. The
areas covered by them are inalienable, unseizable and imprescriptible. The Political
Charter, with the bestowal of dominion granted to the Union, created a bound or
reserved ownership, which is intended to guarantee to the Indians the exercise of the
rights they were constitutionally awarded (FC, Art. 231, §§ 2, 3 and 7), thus attempting
to provide indigenous communities with the well-being and conditions necessary
to their physical and cultural reproduction, according to their uses, customs, and
traditions.” (RE 183.188, Rep. Just. Celso de Mello, Judgment 10-12-96, DJ of 14-2-97).
Thereby, it can be concluded that indigenous land tenure cannot be threatened by
REDD+ activities and that the only activities permitted on indigenous lands will be those that:
a) respect indigenous peoples’ ways of life and traditions and therefore cannot be contrary or
harmful to them; and b) respect indigenous peoples’ interests and aspirations and therefore are
carried out by the indigenous themselves or with their permission.
This is why reforestation or REDD+ activities on indigenous lands may only occur when
undertaken by indigenous peoples themselves or when expressly supported by them and as long
as the activities do not jeopardize their ways of life or the cultural aspects characterizing them
as an ethnic group. The question yet to be answered is: Would these environmental activities
threaten the physical and cultural survival of these peoples?
In our opinion, no. As previously stated, the demarcation of indigenous lands specifically
aims to protect the integrity of the natural resources that would otherwise be partly, or completely,
consumed or degraded by third parties in detriment to indigenous peoples. As long as planned
and desired by the indigenous community, REDD+ activities meet this objective and help protect
the forest resources that are indispensable to the indigenous way of life. Activities that threaten
the physical and cultural survival of these peoples are illegal.
If well-planned, REDD+ activities would not interfere with the peoples’ traditional
activities, such as gathering and hunting, opening up areas for new villages and crops, or any
other activities central to the way of life and physical survival of Brazilian indigenous peoples.
84 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