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

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“the special norms which regulate the administration, management and use of renewable natural resources by these communities”, 63 which basically leads us back to ILO Convention 169, the current norm pertaining to the exclusive right of indigenous people in the administration, management and use of natural resources. Thus, in the Colombian legislation, the possibility for indigenous people to obtain permission and authorization from the Regional Environmental Authority to carry out forest harvesting for traditional activities in their territories is excluded. Consequently, it is not necessary to formalize agreements regarding the use, management, and harvesting of the forest resources that indigenous people use in a traditional manner. It is also not permissible for the State to authorize the exploitation of forest resources by third parties in these territories given that these resources do not belong to them and can put the conditions for the survival of the indigenous people which depend on them at serious risk. 64 This does not mean that indigenous people are exempt from compliance with the environmental obligations which correspond to them as collective owners of their territories. 65 According to the national legislation, “Indigenous Reservations are subject to comply with the social and ecological function of the property, according to the uses, customs and culture of the community. Likewise, in accordance with said uses, customs and culture, they remain subject to all the provisions regarding protection and preservation of the renewable natural resources and the environment.” 66 The environmental restrictions and obligations that must be met in indigenous territories are defined in the environmental legislation as those related to the maintenance of plant cover 63 Article 44 Decree 1791 of 1996. “The forest uses intended to be performed by indigenous communities in areas of indigenous reservations or reserves or by black communities as covered in law 70 of 1993 will be governed by the special norms which regulate the administration, management, and use of renewable natural resources by these communities. The aspects which are not expressly foreseen in specific norms are subject to the compliance as specified in this Decree.” 64 “[…] a reservation is not a territorial entity but a form of collective land property. Said collective property as defined by ILO Convention 169 gives indigenous people the right to participate in the utilization, administration, and conservation of the existing natural resources in their lands. […]” 65 “This collective property is treated as private property and, consequently, its administration rests with its owners and, additionally, exercising the powers of local self-government, they can determine the terms of land use, including the preservation of the renewable natural resources”. LABORDE Ramón. “Los Territorios indígenas traslapados con áreas del sistema de parques naturales en la Amazonía colombiana: situación actual y perspectivas.” Public Policy Document Nº 23, National Environmental Forum, p 3. 66 Article 87 Law 160 of 1994 and Article 24 Decree 2164 of 1995. 44 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
on the banks of rivers and in land slopes as defined in each region, as well as obligations which refer to the prevention and control of forest fires (Articles 184, 202, 206 and 244 of the Legislative Decree 2811 of 1974). In cases of overlap with natural protected areas67 and IR the Colombian law briefly mentions the most common cases regarding National Natural Parks (NNP); however, it does not elaborate on the implementation of special regimes for these cases. Likewise, Article 7 of Decree 622 of 1977 indicates that: “The declaration of a National Natural Park is not incompatible with the constitution of an indigenous reserve; so when for reasons of ecological and geographical order, it is necessary to include all or part of an area occupied by indigenous groups inside the System of National Natural Parks, the corresponding studies will be jointly advanced by INCODER and the Colombian Institute of Anthropology, with the intent of establishing a special regime which benefits the indigenous population and which will respect the permanence of the community and their right to the economic use of the renewable natural resources, observing technologies that are compatible with the objectives of the Parks System noted for the respective area.” 68 With relation to forest use by indigenous people in areas overlapping with NNP, in principle they are generally limited to those survival activities which are not against the objectives of the conservation of the area. 69 This means that the traditional activities of use and enjoyment of natural resources are permitted, but it needs to be clarified to what extent the indigenous people can define the economic, social and cultural development in their own territory beyond the environmental limitations and the activities considered to be traditional in this overlapping context. In this regard, it is important to consider that, on one hand, the conservation of the areas considered strategic by the Colombian State, cannot be superimposed on the right of the indigenous people to define their own priorities of economic, cultural and social development (Article 7 of the ILO Convention 169), and that, on the other hand, whatever the indigenous people decide regarding the renewable natural resource use , their decision should respect the 67 In the Colombian Amazon, almost all of the indigenous territories overlap with the Amazonian Forest Reserve created by the 2nd law of 1959, and 4.2% of indigenous reservations overlap with National Natural Parks (NNP). 68 The indigenous reserves to which Decree 22 of 1977 refers are matched by the Article 2 of Decree 2164 of 1995 to the concept of indigenous territory incorporated in ILO Convention 169 and to the communal lands of ethnic groups considered unseizable, imprescriptible and inalienable in Article 63 of the 1991 PC. 69 Articles 12 and 15 Decree 1791 of 1996. In the National Natural Parks, the activities of felling, burning and planting, hunting, fishing are prohibited, as well as forestry, agricultural, industrial, mineral, petroleum or hotel activities or any other activity which goes against the objective of conserving the area. 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 45
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 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 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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