Comment Log Display

December 12, 2010
Mary D. Nichols Chair,
California Air Resources Board
1001 "I" Street
P.O. Box 2815 
Sacramento, CA 95812

RE: Protection of Indigenous Peoples' and Local Communities' Rights
in Cap and Trade Regulation

Dear Ms. Nichols,

We appreciate the efforts of the California Air Resources Board
(CARB) to develop a package of policies necessary to implement
California Global Warming Solutions Act of 2006 (AB 32) and to
address deforestation in developing countries.  Policies aimed at
reducing emissions from deforestation and degradation in developing
countries can play a critical role in global efforts to fight
climate change.  However, we are writing to express our concern
that international forest programs in the proposed regulation to
establish a California cap on greenhouse gas emissions and
market-based compliance mechanisms could affect the rights of some
of the world’s most vulnerable peoples if appropriate guidelines
and safeguards are not included in the regulations.

The proposed regulation establishes a program to generate offset
credits from reduced deforestation and degradation but does not
include language to ensure the rights of indigenous peoples and
local communities. California must ensure that the development and
implementation of REDD crediting programs do not lead to negative
social and environmental consequences. It is therefore vital to
include clear guidance requiring the full protection of the rights
of indigenous peoples and local communities. We strongly recommend
that “Section 95994: Requirements for Sector-Based Offset Crediting
Programs” of the cap and trade regulation be amended to include the
following provision: “Rights of Indigenous Peoples and Local
Communities. The program has requirements to ensure that the rights
of indigenous peoples and local communities, including their rights
to lands, territories and resources, are fully respected.”

As the proposed regulation is currently written, California risks
undermining high standards for REDD policy making currently
underway in other fora. The World Bank, UN-REDD  and the UN
Framework Convention on Climate Change have all recognized the
rights of indigenous peoples and local communities in REDD (Reduced
Emissions from Deforestation and Degradation) policies. As an early
mover in REDD policy making, California must build on these efforts
rather than risk undermining them.

If the rights and participation of indigenous peoples and forest
dependent communities are not guaranteed in California’s regulation
to establish a REDD crediting program, governments are likely to
view avoiding adverse social impacts and respecting rights as
merely an extra implementation cost, rather than as a contribution
to and prerequisite for REDD effectiveness.  

Far from being a burden, however, respecting and promoting the
rights and traditional knowledge of indigenous peoples and other
forest-dependent local communities is an asset to any national or
international effort to protect forests and biodiversity while
mitigating climate change.  For example, Instituto Socioambiental
(ISA) has shown that Indigenous territories in the Brazilian Amazon
are virtually free from deforestation. In these territories,
deforestation is only 1%, compared to an average of 2% in all
protected areas, 8% in state level sustainable use protected areas,
and 19% outside the protected areas.  Ensuring these indigenous and
forest-dependent local communities’ rights to land, territories and
resources are vital to the long-term efficacy of REDD efforts. 
Therefore, we urge the Air Resources Board to include clear
guidance the requiring the full protection of the rights of
indigenous peoples and local communities.

We thank you very much for your consideration and look forward to
working with you as the regulations for implementation of AB 32 are
further developed.   

Sincerely,

Asian Indigenous Women's Network
Australian Climate Justice Program
Australian Orangutan Project
Center for International Environmental Law
Civil Society Forum on Climate Justice, Indonesia
ClientEarth
Earth Day Network
FERN
Forum pour la Gouvernance et les Droits de l'Homme (FGDH), Congo
Brazzaville
Friends of the Earth
Greenpeace
Indonesian Center for Environmental Law
International Forum on Globalization
Oxfam
Rainforest Foundation, US
Rainforest Foundation, UK
Rainforest Foundation, Norway
Tebtebba - Indigenous Peoples' International Centre for Policy
Research and Education