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

cases as the only exceptions to this rule. Therefore, it is not up to the Federal Government alone
to judge the relevance of REDD+ or reforestation projects on indigenous lands. The development
of activities on indigenous lands is to be decided by indigenous peoples and guided by the
constitutional law. For the same reason the Union does not hold ownership over carbon credits
or other benefits generated by such activities.
It follows then, that indigenous peoples are the sole owners of the forests situated
in their territories. Therefore, only they may decide what to do with this resource, taking into
consideration environmental legislation, which means that only they can chose to carry out
REDD+ or reforestation activities in their lands. Consequently, indigenous peoples would be
responsible for the forest activities they choose to be relevant and they would be the owners of
the carbon credits or other benefits deriving from such activities.
The Role of Funai and Environmental Agencies in Protecting Forests
on Indigenous Lands
Regarding REDD+ projects carried out on indigenous lands, a highly relevant question
regards the role played by the State. The State, through the Brazilian National Indian Foundation
(Funai) and other environmental protection agencies, such as the Brazilian Institute of Environment
and Renewable Natural Resources (Ibama) and state agencies, works for the protection of the
natural resources of indigenous lands. So, does the State’s role in protecting forests on indigenous
lands elevate it to the position of co-owner, together with indigenous peoples, over the carbon
credits derived from REDD+ activities?
The public authority, through its various agencies, has the legal duty to inhibit and
punish invasion and environmental degradation on indigenous lands. Considering the fact that
the monitoring of illegal deforestation inside and outside indigenous territories falls upon the
State, could suggest the possibility that carbon credits belong to the State.
This is not the case according to our understanding. As previously remarked, since
indigenous lands are specially protected areas and belong to the public, they must be protected
not only by the communities themselves, but also by state-run agencies that are responsible for
protecting indigenous patrimony (Funai and the Federal Police) and, in cases of environmental
degradation, by those responsible for protecting the environment (Ibama, the Federal Police,
and state environmental agencies), according to the constitutional rules of Articles 231 and 225.
Thus, the government assumes the constitutional power and duty of protecting forests situated
on indigenous lands.
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 91