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

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Amazon region is currently the preferred location for agricultural, mineral and energy expansion in South America. It is highly likely that many REDD projects connected to a global agreement will be developed in the Amazon, as can already be seen with pilot initiatives related to the socalled voluntary market. Avoided Deforestation and Indigenous Lands Any analysis of avoided deforestation or maintenance of forest stocks in the Amazon must take into consideration indigenous lands, where a significant part of remaining forests is located. The fact that they occupy approximately 25% of the Amazon has attracted the attention of indigenous peoples who have rights over these lands, as well as government agencies, nongovernmental organizations, and companies interested in carrying out REDD projects. On the one hand, these projects can reduce global emissions and make it possible for companies and countries to achieve their goals. On the other hand, they can also create financial and institutional conditions for indigenous people to manage their territories in environmentally and socially sustainable ways. So far, there are few REDD experiences in indigenous lands, in Brazil or other countries, and various fundamental questions have not yet been properly analyzed or answered. Among them is the question of ownership of credits generated from forest maintenance or recovery activities, since in each country the legal framework for these lands is different. This book presents important legal assessments by Biviany Rojas Garzón, Erika Yamada and Viviane Otsubo on this topic, both for the Brazilian context and other countries. But indigenous lands cannot – and should not – be regarded as mere carbon reservoirs, since they are much more than that. They are cultural spaces which sustain livelihoods that are adapted to the inherent diversity of tropical forests and that are therefore compatible with and beneficial to the maintenance of forests and the equilibrium of ecosystems which provide essential environmental services. Therefore, as Márcio Santilli explains, rather than installing monitoring stations, it is more important to create conditions for indigenous people to implement their own territorial management projects consistent with their peculiar forms of seeing and understanding the world. No deforestation can be avoided in uninhabited lands. Another relevant topic concerning REDD in indigenous territories is in regards to the social agreements which are required for projects to promote monitoring and sustainable use of the territory. Since most lands are multicultural, being home to peoples, clans, and families with various degrees of autonomy, in spite of a shared territory, any project involving the entire 6 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
territory requires social arrangements which are anything but trivial, especially for these peoples. The experience of the Surui (or Paiter) in Rondônia, described in the article by Almir Surui, Beto Borges and Jacob Olander, serves as a reference for reflections about other cases. In summary, this book published by the Instituto Socioambiental, with support from partner institution Forest Trends, seeks to provide a source of information and reflections which can be useful for the discussion and implementation of REDD projects in indigenous lands, in Brazil, and other Amazon countries. Brasília, September 20, 2010 Raul Silva Telles do Valle Assistant Coordinator of the Policy and Law Program Instituto Socioambiental 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 7
Page 1 and 2: Avoided Deforestation (REDD) and In
Page 3 and 4: Avoided Deforestation (REDD) and In
Page 5: Summary Introduction Raul Silva Tel
Page 11 and 12: Indigenous Lands and the Climate Cr
Page 13 and 14: “Amazon biome,” which does not
Page 15 and 16: approximately 13 million hectares,
Page 17 and 18: The tables below display data regar
Page 19 and 20: In practice, the main decisions reg
Page 21: Nogueira, EM., Fearnside, PM., Nels
Page 24 and 25: 22 Av o i d e d d e f o re s t A t
Page 26 and 27: Given the absence of legal definiti
Page 28 and 29: 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 80 and 81:
did not establish any mechanism to
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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
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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
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State or to third parties. Since ca
Page 100 and 101:
equired for the acts of civil life,
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indigenous peoples could only have
Page 104 and 105:
Indigenous Collective Ownership Fin
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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
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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,
Page 131 and 132:
of representing their respective co
Page 133 and 134:
they are entitled to participate in
Page 135 and 136:
In the case of Brazil, the prolifer
Page 137 and 138:
• Article 11, IV of the referred-
Page 139 and 140:
Sole paragraph. The rule of this Ar
Page 141 and 142:
constitutional rights of Brazilian
Page 143 and 144:
of exploitation or use, and belong
Page 145:
alignment with the Brazilian consti
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