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

the lands that they possess and that are inside of natural protected areas (NPAs); but, on the other
hand, Article 18 of Law Decree 22175 of May 9, 1978 establishes that native communities residing
inside of the limits of National Parks can remain there, without property titles, provided that they
do not violate the principles that justify the establishment of said conservation units. Additionally,
Article 31 of Law 26834 (1997) regarding natural protected areas states that “the administration of
the protected area will give priority attention to ensuring the traditional uses and lifestyles of the
ancestral native and rural communities that live in natural protected areas and their surroundings,
respecting their self-determination, to the extent that said uses are compatible with the purposes
of the same. The State promotes the participation of said communities in the establishment and
attainment of the purposes and objectives of natural protected areas.”
If we consider the most recent law of those mentioned above, it is evident that Peruvian
legislation favors the environmental conservation of areas which overlap with indigenous lands and
subjects the participation of indigenous people to the attainment of the purposes and objectives
of each NPA. It is worthwhile to point out that the Peruvian legislation does not mention anything
regarding indigenous participation in the administration and management of the NPAs that are
part of indigenous territories, thereby disregarding their rights of government and autonomy.
Finally, since current indigenous and forest legislation in Peru is confusing, it is unlikely
that indigenous people are able to implement and be the direct beneficiaries of eventual REDD
projects in their territories. In theory, native and rural communities can carry out non-timber
forest harvesting in their territories if a management plan has been approved by INRENA, which
will include the activities related to what Peruvian law considers the lending of the ecosystem
service of carbon sequestration. However, these activities are subject to the regulations of the
forestry law which have not yet been issued.
The Peruvian State has ratified and incorporated all of the international rules regarding
climate change. Even though no specific national legislation exists regarding the generation and
commercialization of carbon credits, the Peruvian government has publicly expressed in diverse
public policy instruments, its intention to promote the forest carbon market as a development
alternative for the Amazon region itself.
At the same time, though not dealing specifically with carbon credits, the forestry law,
which has been in force since 2000, defines the “absorption of carbon dioxide” 114 as a forest
114 Law 27308 of July 2000. Forestry and Wild Fauna Law. Article 2. Definition of forest resources, wild fauna and
ecosystem services.
60 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