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

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Avoided Deforestation (REDD) and Indigenous Peoples: experiences, challenges and opportunities in the Amazon context © Instituto Socioambiental and Forest Trends, 2010 organization: Raul Silva Telles do Valle collaborators: Beto Borges, Erika Yamada, Saulo Andrade design/page layout: Vera Feitosa/ISA image research and formatting: Cláudio Tavares/ISA front cover photo: Aldeia Kaiabi, Parque Indígena do Xingu, MT, Brasil. Photo: Ayrton Vignola, 2009 support to the publication: The Instituto Socioambiental (ISA) is a Brazilian civil society organization founded in 1994 to offer joined-up solutions to social and environmental problems. Its central aim is the protection of public goods and social rights relating to Brazil’s environment and cultural heritage, including human rights and the rights of indigenous and traditional peoples. ISA is a non-profit association and registered under Brazilian law as a public interest civil society organization. To learn more about ISA visit www.socioambiental.org Board of Directors: Marina Kahn (Acting President), Adriana Ramos, Ana Valéria Araújo, Sérgio Mauro (Sema) Santos Filho Executive Secretary: Sérgio Mauro Santos Filho Deputy Executive Secretary: Adriana Ramos and Enrique Svirsky Coordinators: André Villas-Bôas, Antenor Bispo de Morais, Cícero Cardoso Augusto, Beto Ricardo, Fany Ricardo, Guilherme Tadaci Ake, Leila Maria Monteiro, Márcio Santilli, Maria Ines Zanchetta, Nilto Tatto Institutional support: São Paulo (headquarter) Av. Higienópolis, 901 – 01238-001 São Paulo – SP – Brasil phone: (11) 3515-8900 fax: (11) 3515-8904 / isa@socioambiental.org Brasília SCLN 210, bloco C, sala 112 – 70862-530 Brasília – DF – Brasil phone: (61) 3035-5114 fax: (61) 3035-5121 / isadf@socioambiental.org Forest Trends is an international non-profit organization that works to expand the value of forests to society; to promote sustainable forest management and conservation by creating and capturing market values for ecosystem services; to support innovative projects and companies that are developing these new markets; and to enhance the livelihoods of local communities living in and around those forests. We analyze strategic market and policy issues, catalyze connections between forward-looking producers, communities and investors, and develop new financial tools to help markets work for conservation and people. Institutional support: www.forest-trends.org 1050 Potomac Street NW Washington, DC 20007 USA phone: +1.202.298.3004 fax: +1.202.298.3014 info@forest-trends.orginfo@forest-trends.org
Summary Introduction Raul Silva Telles do Valle .........................................................................................................5 Indigenous Lands and the Climate Crisis Márcio Santilli ................................................................................................................................................9 Forest Resources in Indigenous Territories and REDD Projects in the Amazon Basin Biviany Rojas Garzón .............................................................................................................................21 A Legal Opinion on the Ownership of Carbon Credits Generated by Forest Activities on Indigenous Lands in Brazil Raul Silva Telles do Valle, Erika Magami Yamada .................................................................75 The Surui Project: Building Indigenous Peoples’ Capacity for Informed Engagement with REDD Finance Jacob Olander, Beto Borges, Almir Narayamoga Surui ................................................109 Legal Aspects of the Surui Carbon Project Rodrigo Sales, Viviane Otsubo Kwon, Patrícia Vidal Frederighi ...............................125
Page 1 and 2: Avoided Deforestation (REDD) and In
Page 3: Avoided Deforestation (REDD) and In
Page 8 and 9: Amazon region is currently the pref
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
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,
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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Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund

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