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

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is a legal obligation and there is no additionality whatsoever by the State. Along these lines, Article 29 of the United Nations Declaration on the Rights of Indigenous Peoples affirms that, “indigenous peoples have the right to environmental conservation and protection and to the productive capacity of their lands or territories and resources. The States shall establish and execute assistance programs for indigenous peoples to secure this conservation and protection, without any type of discrimination.” Thus, by enforcing its obligation to oversee the environment, neither the municipalities, federal states or the Union are granted rights to the natural resources found there – nor to the activities and products, as in the case of carbon credits or other benefits. Additionally, the lack of resources and the absence of joint and integrated efforts by the public authority compromise the satisfactory execution of supervision and protection activities for indigenous lands by the State. The Brazilian Federal Court of Auditors (TCU) verified during an operational audit that Funai does not have enough police power to control illegal activities on indigenous lands. Such power has not yet been regulated and it is currently the state or federal police who exercise said power, depending on the circumstances. According to the TCU, the lack of articulation among the various institutions responsible for environmental monitoring on indigenous lands and the lack of resources for this purpose limit the fulfilment of their duties with irreversible consequences to indigenous peoples: “7.12 (...) the exercise of protecting indigenous lands carried out by the main responsible institutions (Funai, DPF and Ibama) amasses the operational deficiencies of each agency together with the difficulty of working in an articulated manner; and 7.13. (…) Predatory actions have occurred for decades, with damaging and irreversible consequences to the communities. Failure to provide assistance to communities is also indicated as a cause of the invasions.” 36 For this reason, due to indigenous peoples’ desire to protect their lands as a way of preserving their cultures and livelihoods, indigenous peoples frequently take on the responsibility of environmental protection tasks through their own organizations, with support from civil society entities and sometimes with some backing from the State. On some indigenous lands in Brazil, the indigenous peoples themselves are responsible for the direct supervision of their territories, contributing human and financial resources to an undertaking that is actually the State’s responsibility. In the Indigenous Park of Xingu, for example, indigenous peoples organized into associations like the Xingu Indigenous Land Association (Atix) have been developing partnerships with Funai and other organizations with the objective of developing a model for the protection, 36 TCU Judgment, 1226/2008 – Plenary, DOU June 30, 2008. 94 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
Border supervision expedition in the Xingu Indigenous Park brings together indigenous people from Atix and Funai staff. inspection and monitoring of the land’s boundaries and immediate surroundings. They undertake activities such as: the consolidation and operation of eleven surveillance stations; revitalization and cleaning of demarcation tracks; expeditions to check for trespassing; training the indigenous surveillance station heads; monitoring and mapping occupation vectors of the surroundings; mapping deforestation dynamics of the Xingu River headwaters region; and contributing to the political coordination between the Park’s leaders, the environmental organizations (Ibama and Sema), and local governments. It may be concluded that, in spite of the State’s fundamental importance in the environmental protection of indigenous lands, the role that Funai and the environmental agencies play in monitoring the use of natural resources within indigenous lands does not award them the right to obtain part of the carbon credits eventually generated by REDD+ activities on these lands. Therefore, there is no law that allows Funai or any other organization to participate in the negotiation of these activities or benefits. However, since partnerships between the State and indigenous peoples are necessary for the State to successfully fulfill its tasks (especially those of monitoring indigenous lands), it is recommended that carbon projects unite the efforts of both indigenous peoples and the State and, as currently done, in partnership with Funai and other competent agencies. Can Indigenous Peoples Commercialize Carbon Credits? As explained, the carbon credits or other benefits resulting from forest activities carried out on indigenous lands belong exclusively to the peoples inhabiting such lands and not to the 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 95 Acervo/ISA
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Avoided Deforestation (REDD) and In
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Avoided Deforestation (REDD) and In
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Summary Introduction Raul Silva Tel
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Amazon region is currently the pref
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Indigenous Lands and the Climate Cr
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“Amazon biome,” which does not
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approximately 13 million hectares,
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The tables below display data regar
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In practice, the main decisions reg
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Nogueira, EM., Fearnside, PM., Nels
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22 Av o i d e d d e f o re s t A t
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Given the absence of legal definiti
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internal debates on this issue, pre
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which they have traditionally owned
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which Bolivian legislation calls
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consultation” in its articles 30.
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are also facilitated by the strong
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legal risk that these lands can be
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has the duty (and exclusive compete
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derived from them, such as from the
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On the other hand, the Colombian le
Page 46 and 47: “the special norms which regulate
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 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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