Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
Avoided Deforestation (REDD) and Indigenous ... - Amazon Fund
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communities of the sierra <strong>and</strong> jungle (11 th article), with the objective of defining different legal<br />
rules for the transfer of the l<strong>and</strong>s in each one of these communities. Thus, for the rural <strong>and</strong> native<br />
communities of the sierra <strong>and</strong> jungle, more dem<strong>and</strong>ing criteria are established when transferring<br />
l<strong>and</strong>s than for the coastal communities.<br />
The same law from 1995 also aims to stimulate the economic organization of indigenous<br />
people <strong>and</strong> states that “Rural Communities <strong>and</strong> Native Communities are free to adopt, by majority<br />
agreement of their members, the business organizational model decided in Assembly, without<br />
being subject to compliance with any previous administrative requirement.” 107 Likewise, Article<br />
89 of the Political Constitution establishes the autonomy <strong>and</strong> freedom of the communities in the<br />
use “<strong>and</strong> free disposition of their l<strong>and</strong>s”, which, together with other legal provisions of lower rank,<br />
means that the indigenous communities can establish agricultural or mortgage pledges over<br />
their territories to conduct any commercial activity.<br />
Thus, for disposition, assessment, or lease of the l<strong>and</strong>s of jungle native communities, 108 the<br />
legislation permits that said activities can be carried out with the verification of an affirmative vote by<br />
two-thirds (2/3) of the members of the Community, gathered in General Assembly for this reason. 109<br />
In conclusion, indigenous people in Peru can easily transfer <strong>and</strong> divide their l<strong>and</strong>s <strong>and</strong> special<br />
legislation promotes the incorporation of the indigenous population in all commercial activities.<br />
On the other h<strong>and</strong>, indigenous l<strong>and</strong>s with native forest cover or with “forestry potential”,<br />
as indicated in the law, are not transferred to indigenous people under ownership rights but<br />
as use concessions, given that the State considers itself owner of all forest resources, including<br />
those located in indigenous l<strong>and</strong>s. 110 Article 11 of Law Decree 22175 establishes that “the part<br />
of the territory of Native Communities that are l<strong>and</strong>s with forestry potential will be ceded to<br />
them in use, <strong>and</strong> their utilization will be governed by the applicable legislation.” This means<br />
that, in addition to indigenous people not having ownership over their forest resources, the use<br />
concession of forest l<strong>and</strong> granted to native communities is not subject to any specific laws, but<br />
to common rules regarding forest exploration.<br />
The fundamental law for the sustainable harvest of natural resources establishes that<br />
“rural <strong>and</strong> native communities have preference over the sustainable harvesting of the natural<br />
106 Article 8, Law of L<strong>and</strong>s.<br />
107 Name given to the indigenous people of the Peruvian <strong>Amazon</strong> region.<br />
108 Article 11, Law 26505 of 1995, Law of L<strong>and</strong>s.<br />
110 Law Decree 22175 of May 9, 1978.<br />
58 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
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