The Protection Of Indigenous Peoples And Reduction Of Forest Carbon Emissions

In The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions, Handa Abidin identifies approaches that can be used by indigenous peoples to protect their rights in the context of REDD-plus.

Legal frameworks to 'reduce emissions from deforestation and forest degradation' (REDD+) are analysed to focus on protections and benefits for indigenous peoples and forest communities.

'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

This book explores how the transnational legal process for REDD+ has affected human rights in developing countries. This title is also available as Open Access.

"This book provides a comprehensive socio-legal examination of how global efforts to fight climate change by reducing carbon emissions in the forestry sector (known as REDD+) have affected the rights of indigenous peoples and local communities in developing countries. Grounded in extensive qualitative empirical research conducted globally, the book shows that the transnational legal process for REDD+ has created both challenges and unexpected opportunities for the recognition and protection of indigenous and community rights. It shows that pursuit of REDD+ has resulted in important variations in how human rights standards are understood and applied across multiple sites of law, with mixed results for indigenous peoples and local communities. With its provocative findings, interdisciplinary research design, and analytical framework, this book will make a valuable contribution to the study of the influence of transnational legal processes in a globalizing world. This title is also available as Open Access"--

The document summarizes the report that, based on a review of more than 250 studies, demonstrates the importance and urgency of climate action to protect the forests of the indigenous and tribal territories of Latin America as well as the indigenous and tribal peoples who protect them. These territories contain about a third of the continent's forests. That's 14% of the carbon stored in tropical forests around the world; These territories are also home to an enormous diversity of wild fauna and flora and play a key role in stabilizing the local and regional climate. Based on an analysis of the approaches that have proven effective in recent decades, a set of investments and policies is proposed for adoption by climate funders and government decision-makers in collaboration with indigenous and tribal peoples. These measures are grouped into five main categories: i) strengthening of collective territorial rights; ii) compensate indigenous and tribal communities for the environmental services they provide; iii) facilitate community forest management; iv) revitalize traditional cultures and knowledge; and v) strengthen territorial governance and indigenous and tribal organizations. Preliminary analysis suggests that these investments could significantly reduce expected carbon emissions at a low cost, in addition to offering many other environmental and social benefits.