Guide on Climate Change and Indigenous Peoples

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11What is an example of an indigenouspeoples’ engagement with the FCPFand REDD+ processes at thenational and global level?This section presents a case study of how indigenous peoples are pushingtheir government to respect their rights in REDD. This is an uphill struggleas the government persistently ignored pressures from them and theinternational community. This case study presents the challenges facedby indigenous peoples in their attempt to protect their forests and asserttheir rights at the national and global level. It is also a story of hope thatwith indigenous peoples’ vigilance, the support of their partners within thecountry and globally - and the global push for countries to comply with theirobligations to international human rights law and environmental law - thetwin objectives of reducing emissions and achieving climate justice willbecome a reality.Case Study of Indonesia• Some indigenous peoples' networks and support NGOs for indigenouspeoples have been actively engaged in the REDD activities in theircountries. AMAN 26 in Indonesia is one of these.• AMAN representatives have been actively participating in the variousprocesses related to REDD and the FCPF. In the UNPFII, they raisedthe issue of oil palm plantations. They went to almost all the meetingsof the FCPF and REDD 27 and co-organized the Asia IndigenousPeoples' Summit on Climate Change in Bali in February 2009. Theirrepresentative took part in the Accra Climate Change Talks and COP14in 2008 and the 2009 Bonn processes.• Thus, their awareness about FCPF and REDD was high. Theywere very outspoken about the lack of consultation with indigenouspeoples by the Indonesian government. Together with its memberorganizations, other NGOs based in Indonesia and the Forest Peoples'Programme (a global NGO), it presented a submission to the 74thSession of the Committee on the Elimination of Racial Discrimination(CERD) under “the Follow Up and Early Warning and Urgent ActionProcedures” of this Treaty Body in February 2009.• This outlined the problem indigenous peoples in Indonesia facewith some national laws and draft regulations related to forests and82 <strong>Guide</strong> on Climate Change and Indigenous Peoples
REDD. The report cited problems with the 2004 Plantations Act,Agrarian Regulation No. 5 of 1999 (<strong>Guide</strong>line for the Settlement ofProblems related to the Communal Land of Customary Law AbidingCommunities) and the 2008 Draft Regulation of the Ministry ofForestry on Implementation Procedures for REDD. 28• The report states that no indigenous peoples lands have beenregistered under the Regulation 5/1999 Article 5 (2), but that theAct itself nullifies and extinguishes “indigenous peoples' rights totheir traditional lands where such lands 'are already possessed byindividuals or legal entities' or 'are already acquired or appropriated byGovernment institutions, legal entities or individuals.” The 2008 DraftRegulation on REDD defines customary forest as “..state forest withinan area of a customary community” and defines state forest as “foreston land unencumbered by proprietary rights..”• According to the complainants, this draft law “ensures that theGovernment is the sole arbiter of whether indigenous peoples exist ornot..It is likely to cause significant and irreparable harm to indigenouspeoples because of the potential scale of REDD activities in Indonesia.”• It was highlighted that the National Land Bureau (BPN) made aninventory of land conflicts in 2008 and concluded that 7,491 landtenure conflicts took place, mostly related to the imposition of privateland concessions over indigenous peoples' territories.• In response to this submission, CERD, in a letter dated 13 March 2009addressed to the Indonesian government, requested the “State Partyto submit comments...in particular with respect to the measures takenby the State Party to safeguard the rights of indigenous communitieswhose territories are threatened by projects such as the KalimantanBorder Oil Palm Mega-Project..” It asked Indonesia to report back tothe Committee no later than 31 July 2009. However, this was ignored bythe Indonesian government.• AMAN, et al. sent another Submission to the CERD in 29 July 2009.This claimed that Indonesia:“[F]ailed to comply with the Committee's recommendations that itreviews its existing laws in relation to indigenous peoples' rights.To make matters worse, it proceeded to adopt new legal measuresthat perpetuate discrimination against indigenous peoples, includingby further entrenching provisions that allow for the wholesaleabrogation of their rights. In particular, Indonesia has chosen toreject the Committee's concerns about its draft “Regulation onImplementation Procedures for Reducing Emissions from Deforestationand Forest Degradation.” This regulation was enacted as thePART V: REDD/REDD+ and Indigenous Peoples 83
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Guide on Climate C
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• Our ancestors and we, the prese
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effect. As humans emit more carbon
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affected by industrial and other em
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What is Joint Implementation (JI)?J
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Endnotes:1 Greenhouse gases which a
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y forced use of heavily contaminate
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• Incessant rains in high altitud
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vulnerable to environmental degrada
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• The IPCC Fourth Assessment Repo
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BuildingsIndustryAgricultureForestr
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• For indigenous peoples: indigen
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Box 2Mt. Elgon National Park in Uga
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Page 44 and 45: Box 4Western Arnhem Fire Management
Page 46 and 47: of climate change. Thus, there isa
Page 48 and 49: • Focus - Urgent and immediate ne
Page 50 and 51: activities according to the obligat
Page 52 and 53: • Some supplement their subsisten
Page 54 and 55: Aside from the cases presented abov
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Page 62 and 63: sequestration, ensure soilfertility
Page 64 and 65: 4What are the mitigation optionsund
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Page 68 and 69: UNPFII 7th Session Recommendations
Page 70 and 71: ecommendation on the needto respect
Page 72 and 73: Mechanisms and Trust Funds of the F
Page 74 and 75: R-PP - ReadinessPreparation Proposa
Page 76 and 77: UNPFII 7th Session Report recommend
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Page 80 and 81: peoples, local communities and wome
Page 82 and 83: Aims of UN-REDDTo assist developing
Page 84 and 85: Key document underpinningUN-REDD Pr
Page 86 and 87: continue their unsustainable and hi
Page 88 and 89: 10On the other hand, what are theop
Page 90 and 91: strengthen the implementation of UN
Page 94 and 95: Photo credit: AMAN.Regulation on Re
Page 96 and 97: Photo credit: AMAN.including indige
Page 98 and 99: • Conclusion: This case study sho
Page 100 and 101: • This workshop, held in March200
Page 102 and 103: What are the key issues beingnegoti
Page 104 and 105: “leakage,” difficulty in accura
Page 106 and 107: • Proxy means that simplified but
Page 108 and 109: 18 This is a document entitled “C
Page 110 and 111: 2Why is Biodiversityimportant?The v
Page 112 and 113: the territories in which indigenous
Page 114 and 115: integrated with other strategies su
Page 116 and 117: 10Why should traditional knowledgeo
Page 118 and 119: Endnotes:1 Secretariat of the Conve
Page 120 and 121: Some of the impacts are as follows:
Page 122 and 123: increase 6 and limit their chances
Page 124 and 125: 4How are mitigating measures on cli
Page 126 and 127: Uganda were also transformed intosu
Page 128 and 129: 1What is the Bali Roadmap 1 and the
Page 130 and 131: 3What were the key developments in
Page 132 and 133: work in Copenhagen in 2009.” 6•
Page 134 and 135: • At SBSTA30 held in the 2nd Bonn
Page 136 and 137: “Post-Kyoto” or “Copenhagen P
Page 138 and 139: Role of the USin mitigationand trea
Page 140 and 141: Finance andtechnology(overall)- Con
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TechnologyDefinition oftechnologytr
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Legal form ofoutcome andtracks- Mos
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Trade andClimate- Stronglyagainstun
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6Why are these negotiations relevan
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Part IXWays Forward: The UNDeclarat
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esource rights, as well asits use a
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Participation and Inclusion: Every
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4. Enhance and deepen our understan
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funds like the BioCarbon Fund shoul
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AnnexesANNEX AUNITED NATIONS FRAMEW
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economically in their own right and
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consideration.3. The Parties should
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objective. These Parties may implem
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(g) Countries with areas with fragi
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(e) Assess, on the basis of all inf
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(b) Prepare scientific assessments
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eferred to in subparagraph (a) imme
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8. The provisions of this Article s
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Article 20SIGNATUREThis Convention
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Article 26AUTHENTIC TEXTSThe origin
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New ZealandNorwayPortugalSpainSwede
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(c)country Parties, while ensuring
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2. Decides that the process shall b
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ANNEX CThe Anchorage Declaration24
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climate change.5. All initiatives u
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ANNEX DGlobal Consultation on REDD
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REDD Funds24. Tie funding to compli
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2. September 15: Facilitator circul
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Some references on Climate Changean
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Manaus declaration / Declaración d
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Websites:Australia’s Internationa
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IN20- Nitrous OxideILOIPACCIPCCIPRI
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196 Guide on Clima
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Guide on Climate Change and Indigenous Peoples

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