Avoided Deforestation (REDD) and Indigenous Peoples Amazon alone, indigenous communities own REDD mechanisms offer the potential to and manage 21.7% of the forests, which stores simultaneously combat climate change, about 27% of the carbon stocks in the region, conserve biodiversity, and promote sustainable representing approximately 13 billion tons of development. However, to be successful, REDD carbon, a situation that, as studies indicate, must recognize and safeguard the traditional Experiences, challenges and opportunities context Experiences, in the Amazon proves to be more effective in conservation livelihoods, cultural identities and land tenure than in government-controlled forests in many rights of local indigenous groups, key stewards countries and that also results in improved of global forests. local livelihoods, biodiversity conservation, and carbon storage. The Copenhagen Accord recommended the mobilization of significant financial resources Forest carbon finance that recognizes the value towards the implementation of REDD mecha- of standing forests and the traditional steward- nisms. Yet, while the over $4-billion pledge ship role of local indigenous peoples may be- from some developed countries is a significant come a powerful force to maintain large tracts incentive, it is not clear how the implementa- of forests globally, abating climate change, tion of REDD mechanisms will take place. conserving biodiversity and strengthening For example, how will countries implement cultural survival. However, strong tenure rights, effective and transparent systems to channel improved governance, informed decision-mak- benefits to local communities, particularly as ing, as well as the involvement of indigenous market, regulatory and delivery risks of REDD leaders are essential if these mechanisms are mechanisms are more pronounced in indig- to strengthen, rather than further undermine, enous lands in areas undergoing rapid cultural indigenous rights and their future as peoples. Experiences, challenges and opportunities and economic change? Michael Jenkins in the Amazon context Over a quarter of forests in Latin America and President and CEO, Asia are owned and/or managed by indigenous Forest Trends - and Indigenous Peoples (REDD) Deforestation Avoided and other forest communities. In the Brazilian Avoided Deforestation (REDD) and Indigenous Peoples Amazon alone, indigenous communities own REDD mechanisms offer the potential to and manage 21.7% of the forests, which stores simultaneously combat climate change, about 27% of the carbon stocks in the region, conserve biodiversity, and promote sustainable representing approximately 13 billion tons of development. However, to be successful, REDD carbon, a situation that, as studies indicate, must recognize and safeguard the traditional Experiences, challenges and opportunities context Experiences, in the Amazon proves to be more effective in conservation livelihoods, cultural identities and land tenure than in government-controlled forests in many rights of local indigenous groups, key stewards countries and that also results in improved of global forests. local livelihoods, biodiversity conservation, and carbon storage. The Copenhagen Accord recommended the mobilization of significant financial resources Forest carbon finance that recognizes the value towards the implementation of REDD mecha- of standing forests and the traditional steward- nisms. Yet, while the over $4-billion pledge ship role of local indigenous peoples may be- from some developed countries is a significant come a powerful force to maintain large tracts incentive, it is not clear how the implementa- of forests globally, abating climate change, tion of REDD mechanisms will take place. conserving biodiversity and strengthening For example, how will countries implement cultural survival. However, strong tenure rights, effective and transparent systems to channel improved governance, informed decision-mak- benefits to local communities, particularly as ing, as well as the involvement of indigenous market, regulatory and delivery risks of REDD leaders are essential if these mechanisms are mechanisms are more pronounced in indig- to strengthen, rather than further undermine, enous lands in areas undergoing rapid cultural indigenous rights and their future as peoples. Experiences, challenges and opportunities and economic change? Michael Jenkins in the Amazon context Over a quarter of forests in Latin America and President and CEO, Asia are owned and/or managed by indigenous Forest Trends - and Indigenous Peoples (REDD) Deforestation Avoided and other forest communities. In the Brazilian Avoided Deforestation (REDD) and Indigenous Peoples Experiences, challenges and opportunities in the Amazon context São Paulo, SP - Brasil September, 2010 Avoided Deforestation (REDD) and Indigenous Peoples: experiences, challenges and opportunities in the Amazon context © Instituto Socioambiental and Forest Trends, 2010 organization: Raul Silva Telles do Valle collaborators: Beto Borges, Erika Yamada, Saulo Andrade design/page layout: Vera Feitosa/ISA image research and formatting: Cláudio Tavares/ISA front cover photo: Aldeia Kaiabi, Parque Indígena do Xingu, MT, Brasil. Photo: Ayrton Vignola, 2009 support to the publication: The Instituto Socioambiental (ISA) is a Brazilian civil society Forest Trends is an international non-profit organization that works organization founded in 1994 to offer joined-up solutions to social to expand the value of forests to society; to promote sustainable forest and environmental problems. Its central aim is the protection of management and conservation by creating and capturing market public goods and social rights relating to Brazil’s environment and values for ecosystem services; to support innovative projects and cultural heritage, including human rights and the rights of indigenous companies that are developing these new markets; and to enhance and traditional peoples. ISA is a non-profit association and registered the livelihoods of local communities living in and around those forests. under Brazilian law as a public interest civil society organization. We analyze strategic market and policy issues, catalyze connections between forward-looking producers, communities and investors, and To learn more about ISA visit www.socioambiental.org develop new financial tools to help markets work for conservation and Board of Directors: Marina Kahn (Acting President), people. Adriana Ramos, Ana Valéria Araújo, Sérgio Mauro (Sema) Santos www.forest-trends.org Filho Executive Secretary: Sérgio Mauro Santos Filho Deputy Executive Secretary: Adriana Ramos and Enrique Svirsky Coordinators: André Villas-Bôas, Antenor Bispo de Morais, Cícero Cardoso Augusto, Beto Ricardo, Fany Ricardo, Guilherme Tadaci Ake, Institutional support: Leila Maria Monteiro, Márcio Santilli, Maria Ines Zanchetta, Nilto Tatto Institutional support: São Paulo (headquarter) Av. Higienópolis, 901 – 01238-001 São Paulo – SP – Brasil phone: (11) 3515-8900 fax: (11) 3515-8904 / [email protected] Brasília 1050 Potomac Street NW SCLN 210, bloco C, sala 112 – 70862-530 Brasília – DF – Brasil Washington, DC 20007 USA phone: (61) 3035-5114 fax: (61) 3035-5121 / [email protected] phone: +1.202.298.3004 fax: +1.202.298.3014 [email protected]@forest-trends.org Summary Introduction Raul Silva Telles do Valle .........................................................................................................5 Indigenous Lands and the Climate Crisis Márcio Santilli ................................................................................................................................................9 Forest Resources in Indigenous Territories and REDD Projects in the Amazon Basin Biviany Rojas Garzón .............................................................................................................................21 A Legal Opinion on the Ownership of Carbon Credits Generated by Forest Activities on Indigenous Lands in Brazil Raul Silva Telles do Valle, Erika Magami Yamada .................................................................75 The Surui Project: Building Indigenous Peoples’ Capacity for Informed Engagement with REDD Finance Jacob Olander, Beto Borges, Almir Narayamoga Surui ................................................109 Legal Aspects of the Surui Carbon Project Rodrigo Sales, Viviane Otsubo Kwon, Patrícia Vidal Frederighi ...............................125 Introduction Concern with negative effects of climate change on the world’s economy and society is nothing new, although it has grown considerably in past years. The United Nations Framework Convention on Climate Change (UNFCCC), signed in 19921 by 165 countries, including Brazil, made clear the need to progressively reduce emissions of greenhouse gases, a responsibility shared by all countries. Since then, the international community has sought ways to fulfill this obligation, and the Kyoto Protocol (1997)2 defined a framework of targets for reduced greenhouse gas emissions to be met by 2012 by industrialized countries, in addition to creating market mechanisms to facilitate this process. In 2009, Brazil, along with more than 70 other countries, acknowledged the need to make profound cuts in greenhouse gas emissions. The commitment was made to limit emissions by 2020 in order to contribute in a measurable manner to keep global warming under 2oC. Just before the Conference of the Parties in Denmark (COP 15), the Brazilian government