Leading to an equitable REDD mechanism: Recognizing the rights and role of indigenous peoples and local communities in the Brazilian Amazon Forest
Special guest article from Paula Moreira, Instituto de Pesquisa Amiental da Amazônia (IPAM). For further information, please contact Paula Moreira (paulamoreira[at]@ipam.org.br), Flávia Gabriela Oyo França (flaviagabriela[at]ipam.org.br) or Paulo Moutinho, (moutinho[at]ipam.org.br)
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The majority of indigenous peoples and traditional communities (IPLC) living in Amazon forests are the primary stakeholders responsible for the protection, and consequently the conservation and preservation of forested areas. In the Brazilian Amazon, protected areas inhabited by forest peoples total 109.8 million hectares, corresponding to 60% of the protected areas and preserving a forest carbon stock of about 15 billion tons of carbon (32% of total carbon stocked in the Amazon forest) (Figure 1) (note 1).
Figure 1. The following map, as of 2008, shows the deforestation (in yellow) and the preserved indigenous territories (dark blue) and traditional communities reserves (orange) avoiding the advance of deforestation in those areas. Source: IPAM, unpublished data.
These large protected areas act as major obstacles to the advance of deforestation, as they have regional inhibiting effect, which means that they contribute to the reduction of deforestation outside its boundaries, especially when considering distances up to 10 km. As a result, they avoid the significant potential emissions associated with greenhouse gases. Through simulations aimed at predicting the future deforestation, it was possible to calculate the potential emissions of indigenous lands and extractive reserves from 2008 to 2050. If these areas were not protected, 5 billion tons of carbon would be emitted into the atmosphere by the year 2050 (note 2). This volume represents approximately 2.5 times the effort to reduce emissions of the first commitment period of the Kyoto Protocol, considering its effective implementation.
Despite the high rate of deforestation (> 1 million ha/year) in the Brazilian Amazon, the deforestation inside the Brazilian Amazon protected areas (that includes indigenous territories and local communities (IPLC) reserves) as a whole is very small (< 3% of its total area).
Therefore, it is essential that any discussion focused on the benefits and compensations that should be attributed to the efforts in reducing emissions from deforestation and forest degradation (REDD), as well as the protection of forests, recognize the important role that IPLC have been playing, and respond to their demands in order to promote the improvement of livelihoods conditions in their territories. Such improvements or benefits could be promoted, for example, in form of subsidies for the production of non-timber products and provision of basic needs to these populations. Regarding the right of demarcation of IPLC’s territories, REDD policies should be established in a manner that requires that the Party implementing this mechanism must demonstrate that it recognizes and enforces the rights of indigenous peoples and traditional communities.
As established by the Bali Road Map in COP 13, the needs of indigenous peoples and local communities should be met, when adopting measures for REDD in developing countries. Then, later in COP 14, following the advice by the UN Permanent Forum on Indigenous Issues and other movements, the Parties recognized “the need to promote the full and effective participation of indigenous people and local communities (IPLC) (note 3), taking into account national circumstances and noting relevant international agreements,” in relation to REDD.
Despite the fact that UNFCCC Parties have recognized the need to promote the full and effective participation of IPLC, recognition and enforcement of fundamental rights in regarding to REDD framing is extremely important, in accordance with Convention 169 of the International Labor Organization (ILO), Universal Declaration of Human Rights, Convention on Biological Diversity, and United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). We describe below the four fundamental rights that become more important regarding REDD, which must be observed when constructing and implementing a REDD policy at the international, national and/or local level:
- The right to land, territory, and in particular natural resources (note 4) and the right to fully use its resources in particular the forest resources;
- Right of Autonomy and Self-determination (note 5). This means that the IPLC´s have autonomy on managing their territories, legal capacity to deal and negotiate, if desired, patrimonial rights independently and consequently making decision in the processes of development such as the REDD policy or projects.In addition, article 23 of UNDRIP clearly rules: “Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programs affecting them and, as far as possible, to administer such programs through their own institutions.”
- The right of culture and identity, including the right to development with identity;
- The right to free prior informed consent (FPIC) (note 6).
Thus, it is clear that indigenous peoples have a guaranteed right to participate effectively in the formulation, development and determination of any REDD policy based within their lands and territories. Moreover, any REDD policy must respect their traditional lifestyles, their right to occupy their traditional territories, and their chosen methods of developing economic, social and cultural sustenance and well-being.
In conclusion, it should be a condition for participation in any REDD policy or program that the Party implementing this mechanism recognizes and enforces the rights of indigenous peoples and traditional communities, herein mentioned. As a consequence, recognizing these rights and the role of IPLC in conserving the forest and avoiding deforestation, the benefits of REDD resources should be channeled in a way to help to fulfill the basics needs and rights such as right to access to health, food, to proper education in their own language and culture and improve their livelihoods. This outcome will obviously depend on the capacity of IPLC to evaluate the benefits and risks of REDD, build consensus and design their own proposals on how to channel/use these coming resources.
Footnotes:
(1) IPAM, 2009; “Perguntas e Respostas sobre Aquecimento Global“. Unpublished data. Numbers were generated through Dinamica (EGO software) platform for SimAmazonia-2.
(2) According to http://unfccc.int/resource/docs/2007/cop13/spa/06a01s.pdf#page=10
(3) Decision number FCCC/SBSTA/2008/L.23, Annex, 1(c) in COP 14, Poznan
(4) Article 26, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP): “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.“
(5) Article 3, ibid: “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.“
(6) Articles 10, 19, 28, 29, and 32, ibid.
