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

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HAMILTON, Katherine; SJARDIN, Milo; SHAPIRO, Allison; MARCELLO, Thomas – State of the Voluntary Carbon Markets, Fortifying the Foundation, Ecosystem Marketplace, New Carbon Finance - May 2009. http:// www.forest-trends.org/publications.php MCKINSEY & COMPANY. Pathways to a Low-Carbon Economy. Version 2 of the Global Greenhouse Gas Abatement Cost Curve. McKinsey & Company, 2009. NEPSTAD et al. The End of Deforestation in the Brazilian Amazon, Science, Vol. 326, December 2009. SOARES-FILHO, B. S.; NEPSTAD, D. C.; CURRAN, L. M.; CERQUEIRA, G. C.; GARCIA, R. A.; RAMOS, C. A.; VOLL, E.; MCDONALD A.; LEFEBVRE, P., and SCHLESINGER, P.. Modeling conservation in the Amazon Basin. Nature 440:520–523, 2006. STERN, Nicholas. The Economics of Climate Change: The Stern Review. Cambridge University Press, Cambridge, 2007. 124 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
Legal Aspects of the Surui Carbon Project Introduction Rodrigo Sales 1 Viviane Otsubo Kwon 2 Patrícia Vidal Frederighi 3 This article summarizes the main legal aspects of Surui Carbon project 4 regarding whether the Surui Indians 5 of Brazil may legally be entitled to transact carbon credits for (i) Greenhouse Gas (GHG) emission reductions from reforestation and (ii) reduced emissions from deforestation 1 Rodrigo Sales is Partner of Trench, Rossi e Watanabe Advogados, Associated with Baker & McKenzie and Latin America Coordinator of Baker & McKenzie Climate Change and Environmental Markets Practice Group; he holds a Master of Studies in Environmental Law at the Vermont Law School, USA, and is currently a Visiting Fellow of the University of New South Wales Faculty of Law, Sydney, Australia 2 Viviane Otsubo Kwon is Associate Attorney of Trench, Rossi e Watanabe Advogados, associated with Baker & McKenzie International; she holds a Master Degree in International Business Law at Kyushu University, Faculty of Law, Japan. 3 Patrícia Vidal Frederighi is former Associate Attorney of Trench, Rossi e Watanabe Advogados, Associated with Baker & McKenzie International and is currently attending a Master of Science program in Environmental Management and Economics, University of Gothenburg, Sweden, Department of Economic, Business and Law. 4 The Suruí is a Brazilian Indian group that currently has approximately 1,300 members, comprising four clans – Gamep, Gamir, Makor and Kaban (hereinafter referred to as Suruí Community) - in the Amazon Biome. According to information provided by Forest Trends, the objective of the project is to restore 1,500 hectares of Amazon Rainforest within the “Sete de Setembro” Suruí Indian lands, located between the municipalities of Cacoal (Rondônia state) and Aripuanã (Mato Grosso state). The project activities will sequester carbon dioxide, while protecting local biodiversity by restoring habitat, and contributing to the sustainable development of the Suruí by building local capacity to manage forestry operations and through the establishment of an information technology center within the Suruí land. 5 Please note that the use of the terms “Indians” (as defined in the Longman Dictionary of Contemporary English, Longman, 1987, pg. 533, to refer to the group of native inhabitants of North, Central and South America) and “Indigenous Peoples” are indiscriminately used in several legal documents referred to in this work. However, this distinction is extremely important under the Brazilian Constitution, which uses the term “Indians” to regulate the protection of rights of the Brazilian Indians. See discussion in the decision (“Voto”) of the Brazilian Supreme Court Judge Ministro Carlos Ayres Britto, in items 51-54 and 69, available at http://www.stf.jus.br/arquivo/cms/ noticiaNoticiaStf/anexo/pet3388CB.pdf, where the term “Indians” is indicated as the appropriate one to reflect the Brazilian Constitution’s principles regarding the unity of the Brazilian nation formed by three major ethnic groups (Indians, White Colonizers and African-Americans). Whenever possible, we will use the term Brazilian Indians in the course of our analysis. 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 125
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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
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which they have traditionally owned
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which Bolivian legislation calls
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consultation” in its articles 30.
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are also facilitated by the strong
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legal risk that these lands can be
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has the duty (and exclusive compete
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derived from them, such as from the
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On the other hand, the Colombian le
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“the special norms which regulate
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framework of ecological function an
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The law permits and stimulates refo
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the use, enjoyment, control, admini
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One of these bills relates to the e
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the constitution which still has no
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Since there is not a specific law r
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communities of the sierra and jungl
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the lands that they possess and tha
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and legal instruments to guarantee
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those recognized “in internationa
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limitation for implementing eventua
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REDD in Venezuela Since REDD mechan
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to implement REDD projects with bec
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Can IPs dispose of the forestry res
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Page 94 and 95: Article 34 of the Indian Statute (F
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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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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
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Page 131 and 132: of representing their respective co
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