Indigenous Peoples' Land Rights and REDD: A Case Study

• DOI: http://doi.org/10.1111/j.1467-9388.2011.00716.x
• Date: 01 July 2011
• Author: Sophie Lemaitre
• Published date: 01 July 2011

Indigenous Peoples’ Land Rights and REDD:

A Case Study

Sophie Lemaitre

With the development of REDD (‘Reducing Emissions

from Deforestation and forest Degradation’) policies,

determining who can claim rights over the forest and

who will receive the REDD benefits has many implica-

tions. While REDD has the potential to benefit them,

indigenous peoples are concerned that REDD activities

may fail to adequately respect their rights. Several

international instruments recognize indigenous

peoples’ rights to land and their rights are also

enforced by courts. However, there is often a gap

between the protection granted by international law

and how it is implemented in practice. REDD may

increase this difference. The following analysis of

Guyana’s REDD plan illustrates the risks that indig-

enous peoples may incur.

INTRODUCTION

While Bharrat Jagdeo, Guyana’s President, was named

as one of the Champions of the Earth laureates by the

United Nations Environment Programme (UNEP) and

received the award for ‘biodiversity conservation and

ecosystem management’ in April 2010, Guyana’s indig-

enous peoples are accusing his government of taking

over their traditional lands as the government is cur-

rently seeking support and funding for its ‘Reducing

Emissions from Deforestation and forest Degradation’

(REDD) programme.1

The international community has realized that indig-

enous peoples can play an important role in the fight

against climate change. It is recognized that such

peoples have often developed sustainable environmen-

tal practices and contribute to mitigating climate

change thanks to their traditional knowledge and prac-

tices.2The international community is also aware that

indigenous peoples’ survival is threatened; indeed, they

are often the most affected by the consequences of

climate change, in particular those inhabiting forests.

Forests and climate change are interrelated.3With a

warming climate, forests and their ecosystems will be

altered. Therefore, indigenous peoples will bear the

costs (e.g., disappearance of plants and animal species

leading to food insecurity and hunger) as they depend

on forest ecosystems for their economic, social and cul-

tural survival.4Furthermore, deforestation and forest

degradation contribute to climate change by releasing

the carbon stored into the atmosphere.5It is estimated

that 20% of current global greenhouse gas emissions

(GHGs) are caused by deforestation.6Recognizing this,

in 2007, the Stern Review recommended that avoided

deforestation measures should be included in the post-

2012 commitment period under the Kyoto Protocol.7

Afforestation and reforestation, forest management

and forest restoration have for some time been per-

ceived to be essential ways to deal with climate change.8

Discussions on REDD emerged in 2005 when the Coa-

lition for Rainforest Nations9submitted a proposal for

reducing GHG emissions from deforestation to the

eleventh session of the Conference of the Parties (COP)

to the United Nations Framework Convention on

Climate Change (UNFCCC).10 In December 2007, at

1See N. Marks, ‘Guyana Indigenous People Charge Land Abuses’

(Reuters, 30 June 2010), found at <http://www.reuters.com/article/

idUSTRE65T6UW20100630>.

2Tebtebba Foundation, A Guide on Climate Change and Indigenous

Peoples, 2nd edn (Tebtebba Foundation, 2009), at 105–106.

3F. Seymour, Forests, Climate Change and Human Rights: Manag-

ing Risk and Trade-offs (CIFOR, 2008), at 6.

4See Tebtebba Foundation, n. 2 above, at 11–13.

5D. Goldberg and T. Badua, ‘Do People have Standing? Indigenous

Peoples, Global Warming and Human Rights’, 11 Barry L. Rev.

(2008), 59, at 60.

6Intergovernmental Panel on Climate Change (IPCC), Climate

Change 2007: Synthesis Report (IPCC, 2007).

7N. Stern, The Economics of Climate Change: The Stern Review

(Cambridge University Press, 2007).

8See F. Seymour, n. 3 above, at 5. See also Decision 11/CP-7, ‘Land

use, land-use change and forestry’, in Report of the Conference of the

Parties on its seventh session, held at Marrakech, 29 October–10

November 2001 (FCCC/CP/2001/13/Add.1, 21 January 2002),

Addendum, Part Two: Action taken by the Conference of the Parties,

Volume I.

9These were Bangladesh, Bolivia, Central African Republic, Cam-

eroon, Chile, Republic of Congo, Colombia, Costa Rica, Democratic

Republic of Congo, Dominican Republic, Ecuador, El Salvador, Fiji,

Gabon, Ghana, Guatemala, Honduras, Indonesia, Kenya, Lesotho,

Malaysia, Nicaragua, Nigeria, Panama, Papua New Guinea, Para-

guay, Peru, Samoa, Solomon Islands, Thailand, Uganda, Uruguay

and Vanuatu.

10 T. Griff‌iths, Seeing ‘REDD’? Forests, Climate Change Mitigation

and the Rights of Indigenous Peoples and Local Communities (Forest

Peoples Programme, 2009), at 4.

Review of European Community & International Environmental Law

RECIEL 20 (2) 2011. ISSN 0962 8797

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