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

for their physical or cultural
survival.
Therefore, another key
element for any forest project
on indigenous lands is the
direct and active participation
of indigenous communities and
organizations as beneficiaries
and right holders. In other words:
Ikpeng women collect seeds in the forest near the village
only indigenous peoples may
in the Xingu Indigenous Park.
create or carry out such projects or activities of REDD+ or reforestation, even when this occurs
in collaboration with third parties such as State agencies. Partnerships in no way disqualify the
indigenous ownership of the project and of the benefits derived.
Ayrton Vignola, 2009
Who Would Be the Owner of Benefits Derived from REDD+
and Reforestation Projects on Indigenous Lands?
The Ownership of Carbon Credits
As seen in the previous section, one of the benefits derived from REDD+ and reforestation
activities can be carbon credits. Carbon credits are tradable certificates that represent an amount of
GHGs that ceased to be emitted or that was absorbed by certain activities (for example, REDD).
Different authors have discussed the legal nature of the carbon credit, focusing on
emission reduction certificates (CERs) and classifying them alternatively as commodities,
merchandise, services, pure tangible goods or derivatives, incorporeal assets and securities.
In Brazil, several researchers judge that, in terms of their intrinsic characteristics which are
exemplified by the fact that they are certificates of a purchase and future sale of carbon credits,
the CERs would be assets that could be likened to securities because they are intangible goods
which need to be in circulation. 24 However, an understanding exists that in order for them to
24 GRAU NETO,Werner, “As controvérsias a respeito da natureza jurídica dos certificados de reduções reduzidas –
CER, também conhecidos como créditos de carbono” (Controversies in regards to the legal nature of certified
emissions reductions– CERs, also known as carbon credits) in Congresso Internacional de Direito Ambiental –
Mudanças climáticas, biodiversidade e uso sustentável de energia (International Congress of Environmental Law
– Climate Changes, biodiversity and sutainable energy use), São Paulo: Imprensa Oficial do Estado de São Paulo,
2008, p.525.
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 87