Indigenous territories and the protection of forests in the Brazilian Amazon
1. Fernando Mathias [email_address] presented in Rights, Forests and Climate Change October 15/17, Oslo, Norge INDIGENOUS RIGHTS AND ENVIRONMENTAL CONSERVATION IN THE BRAZILIAN AMAZON
2. 20 YEARS OF BRAZILIAN CONSTITUTION ♦ chapter on collective indigenous rights ♦ land rights – based on traditional occupation criteria ♦ criteria include lands: - permanently inhabited; - used for productive activities; - necessary to the preservation of natural resources needed to their well being; - necessary to their physical and cultural reproduction, according to customary law. ♦ demarcation possible even if there is no tenure, in case of past involuntary removal – conflicts on land use with farmers, loggers, cattleranchers 1988 - 2008
3. Constitutional indigenous territorial rights - State has nude property - Indigenous peoples have exclusive tenure rights and rights to use of natural resouces of soils, rivers and lakes - Lands inalienable and the rights over them imprescritible - Any third party act that refers to (i) ocupation, property or tenure of indigenous lands and (ii) exploitation of natural resources therein are null - Exceptions: mining and hidroeletric potentials, provided there is (i) consultation and (ii) congressual approval
6. Brazilian Amazon: Indigenous Lands and Protected Areas September 2008 Deducting the overlapping among protected areas and between those and indigenous lands, the total amount of effectively protected area is 21,24 % of the Amazon. Class quantity area (ha) % in relation to the extension of the brazilian Amazon FEDERAL Protected Areas 131 62.972.766 12,58 Proteção Integral (no human use allowed 48 30.666.928 6,13 Uso Sustentável (sustainable use allowed) 83 32.305.838 6,45 STATE Protected Areas 164 54.548.062 10,90 Proteção Integral 60 12.649.099 2,53 Uso Sustentável 104 41.898.963 8,37 INDIGENOUS LANDS 405 108.203.282 21,61
![Fernando Mathias [email_address] presented in Rights, Forests and Climate Change October 15/17, Oslo, Norge INDIGENOUS RIGHTS AND ENVIRONMENTAL CONSERVATION IN THE BRAZILIAN AMAZON](https://image.slidesharecdn.com/fernando-oslo-presentation-1224234332281569-8/85/Indigenous-territories-and-the-protection-of-forests-in-the-Brazilian-Amazon-1-320.jpg)
