Acre Brazil

Current REDD+ Program Progress

Plan for Prevention and Control of Deforestation
Under Implementation[1]

The ZEE for Acre was completed in 2009 and normalized via state law  nº 1.904.  It includes 4 zones - productive systems (agriculture, silviculture), sustainable use of natural resources and environmental protection (protected areas), priority territorial planning areas (indigenous territories) and urban areas.  [2]

REDD+ Related Laws
Under Implementation[3]

These laws define the legal framework for climate change policies related to several sectors of the economy and determine the mechanisms by which civil society can participate in regulation of the policy.

Ecological and Economic Zoning
Under Implementation[4]

The EEZ is required by the Federal Government to designate areas for economic and conservation activities within each state’s territory. The Zoning plan is intended to support state government policy planning processes. Acre's EEZ was approved in 2007 and was validated by the federal government.[5]

Land Registry

CAR is a federally-mandated land registry system for rural properties which is required for any environmental license to be issued. Furthermore, it will contribute to sectoral land-use planning.

REDD+ Programs

The state of Acre pioneered the State System for Environmental Services (SISA) which created the first jurisdictional, state level REDD+ program.   SISA was created by State Law 2.308/2010 and covers carbon sequestration, maintenance of water and hydrological services, conservation of soils, conservation of biodiversity, and valuation of traditional knowledge.  The SISA law created a number of institutions to administer the system and procure funding for it. Among these are the Institute of Climate Change and Regulation of Environmental Services (IMC), which regulates SISA and registers and monitors private REDD+ projects; the Commission for Validation and Accompaniment (CEVA), which monitors SISA and approves regulations, norms and implementation approaches.

Within SISA Acre has developed Program of Incentives for Environmental Services-Carbon (ISA-Carbono). The program is designed to include the entire state territory, incorporating regional and thematic sub-programs as well as special REDD projects. Regional sub-programs are related to REDD actions. One sub-program identifies priority areas in those areas most at risk for deforestation, to date encompassing 5.4 million ha over 8 areas. Thematic sub-programs to address or develop REDD actions in indigenous territories and protected areas will be designed, depending on the priorities identified by the government. Special REDD projects are associated with REDD actions carried out in areas such as private properties or individual protected areas or similar land categories.

The ISA-Carbono Program is comprised of 2 sets of main interventions, including (1) direct assistance and regulatory actions such as technical extension, community organization, fire control, and improvement of monitoring and control mechanisms, and (2) incentives for environmental services directed to improving the productivity of deforested areas as well as to promote sustainable use of forests and protection of forests for stakeholders such as indigenous peoples, extractivist families and small households in settlement projects. Program governance is carried out by 3 entities: (1) a multi-stakeholder commission to supervise the program, (2) a government institute for regulation, monitoring and carbon registry, and (3) an agency (CDSA) for environmental services development—a private-public business to fundraise for and implement the ISA-Carbono[6]

Law 1022 (Jan 21, 1992) - State Environment, Technology and Science System - creates the System composed by IMAC, SEMA and FUNTAC and the Environment, Science and Technology Council - fully functional

Law 1117 (Jan 26, 1994) – State Environmental Policy - creates the foundation of the State’s environmental policy - fully functional

Law 1235 (Jul 9, 1997) – Biodiversity Law - regulates access to biodiversity and establishes instruments for the control of access to genetic resources - dependent on Federal Regulation

Law 1277 (Jan 3, 1999) – Chico Mendes Law - establishes environmental services payments to extractive families through subsidy payments on rubber and other extractive products- fully functional

Law 1426 (Dec 27, 2001) – Forest Law - regulates conservation and management of forests, creating the State Protected Areas System, the Forest Council and Forest Fund; addresses forest concessions as well - fully functional

Law 1904 (Jun 5, 2007) - EEZ - created the Ecological Economical Zoning plan as a guideline for development - fully functional

Law 2025 (Oct 20, 2008) – Small Household Properties Certification program - regulates environmental services incentives for sustainably managed small household properties, creating a bonus for families that phase-out the use of fires and deforestation - fully functional

Decree 3414 (Sept 12, 2008) – Forest Recovery Decree - regulates reforestation or forest recovery activities related to timber exploration - fully functional

Decree 3416 (Sept 12, 2008) – Environment Liability of Private Properties - defines the mechanisms for environmental liability of private properties in Acre - fully functional

Law 2308 (October 22 2010) - Created jursidictional REDD+ program throughthe State System of Environmental Services (SISA), the Incentive Program for Environmental Services - Carbon (ISA Carbono)  and other Ecosystem Services 

Decree 1.471 2011 - Establishes the basic organizational structure of the Institute on Climate Change and Regulation of Environmental Services.

IMC Regulation 01 (October 26, 2015) - regulates law 2308 and creates a protocol for nesting projects into the state program[7]

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REDD+ Safeguards

Social groups reached by the REDD Program and number of people directly benefited

- To be identified for each sub-program or project developed by the Institute and Agency.

- Within the 8 Priority Areas identified to date: 12,000 families (1,200 indigenous; 5,800 extractivists; 5,000 small households in settlement projects)

Procedures taken by proponent and evidence that REDD Program acknowledges the rights and role of indigenous peoples and local communities

- Meetings with NGOs to collect ideas for REDD intervention during development phase

- Consultation process with potential beneficiaries developed guidance for REDD intervention. Based on recommendations developed in the consultations, the program establishes that beneficiaries are those who preserve, conserve and restore environmental services as stated in the Environmental Services System Law.

- REDD intervention activities are different for each stakeholder group in an effort to respect their way of life and organizational structure,

- The government has created 2 important structural policies associated with territorial zoning: (1) Community Development Plans (applied to Settlement Projects and Extractive Reserves); and (2) Territorial Management Plans (applied to Indigenous Territories). These plans are developed in a participatory process that ensures that culturally specific aspects of communities are taken into account, to address different concerns and needs for the future and link these to public policies.

Needs identified for rights recognition improvement?

- Analysis of current legal framework to address rights recognition, carbon ownership, and other rights.

Land/forest tenure administration and relation with REDD

1. Legal support and protection of forest tenure

In federal areas such as Extractive Reserves (Resex), the Interministerial Decree No. 13(published on September 19, 2002) aimed to recognize the traditional populations in Resex, as recipients of the National Plan for Agrarian Reform - PNRA, following the operational procedures adopted by INCRA and IBAMA. Based on Norm #40 of March 30, 2004, residents of Resex were declared as beneficiaries of agrarian reform, with full rights to credits designated to any household family in a Settlement Project.

The Land Institute of Acre - ITERACRE, created by Law #1373 of 04 March 2001, is the agency responsible for agrarian policy in the State, land tenure regulation and zoning, development of the State’s Land Registry, and mediation of conflicts over land ownership in areas under the State's jurisdiction.

Forest management in Acre is regulated by Law #1426 (December 27, 2001) known as the Forest Law. Currently, the Federal Law #11284 of March 2, 2006 (Forest Management Act) and the State Forest Law authorize Forest Concessions, with the obligation to draw up an Annual Forest Concession Plan - PAOF. The main objective of the Acre PAOF in 2009 was to make two state forests available for concessions. The communities living in state forests had their land rights recognized and a title for usufruct was granted to these communities.

Regarding Indigenous People’s rights to land, the Brazilian Constitution defines the rights of indigenous peoples to their lands as a right acquired prior to the existence of the Brazilian State and also ensures respect for their social organization, customs, languages, beliefs and traditions.

2. Clear responsibilities, capacity and authority for forest tenure administration

Considering that most of Acre’s territory is located in range of the Peruvian and Bolivian borders, and is thus under federal authority, only 14.6% of the land is under Acre State’s jurisdiction (ITERACRE). In the nearly 85% of the territory jurisdiction, INCRA (National Agrarian Reform Institute) is responsible for land tenure regulation.

FUNAI is a federal institution under the Ministry of Justice, responsible for public policies involving indigenous peoples, with the prerogative to promote the protection and demarcation of indigenous territories as well the protection of the inheritance of these peoples.

3. Actions planned or developed by governments to solve issues related to land tenure uncertainties within REDD priority areas

Following the agreement between the State Government and INCRA in 2008, the relationship of state environmental and territorial agencies has been evolving with the regional INCRA office in Acre into a more effective collaboration for regulation of settlement projects. The cooperation has strengthened the development of management plans for these areas and enabled easier access to credit for members of the settlement communities.

The federal Ministry for Agrarian Development and the government of Acre announced an agreement of $13.5 million from the Legal Land Program for activities related to regulation of land tenure on rural properties in the state of Acre and public areas located along the BR-364 highway between Sena Madureira and Cruzeiro do Sul.

The Environmental Licensing of Rural Properties System (MLAPR) within the Environment Institute of Acre (IMAC) is a rural environmental registry that can be used as a tool for land tenure regulation. The Sustainable Rural Property Certification Project, which provides incentives (bonuses and inputs) to adopt more sustainable production practices (including eliminating the use of fire and deforestation), is also intended to assist farmers in achieving compliance with environmental regulations. Through this project, small household farmers make a multi-year land use plans for their properties on a voluntary basis, receiving technical assistance and an annual incentive called a bonus.

4. Relationship between forest tenure resolution and REDD objectives/actions

5. Recognition of communities and indigenous peoples’ rights

The State of Acre has advanced with respect to land tenure regulation within Extractive Reserves as well as granting real right of use to residents in state lands.

By 2009, 28 Indigenous Territories (TI) for 14 indigenous peoples with an estimated population of 12,720 individuals have been recognized in the state of Acre. Another 6 areas are in the process of being identified. Together, these areas comprise a total of 2,320,232 ha (14.1% of the state's territory).

6. Participation of communities and indigenous peoples in forest tenure definition

In order to create protected areas (conservation units and indigenous territories), public consultation to define the concession of use of public land to the local population is carried out since the land title belongs to the State but right of use is ceded to inhabitants.

INCRA is responsible for Agrarian Land Reform Settlement Projects, which involve consultation processes and establishment of a landless families’ registry. INCRA defines a process where the concession of use is given to a household for a transitional period of time before the legal land title is authorized, depending on the performance of the settled family.

7. Definition of legal aspects related to property and rights to forest carbon in REDD project areas.

- In progress.

8. Conflict resolution measures in place.

The principle instruments to address conflict related to land tenure are the State Zoning (EEZ) plan and its land use guidelines as well as the land uses defined by the State Policy Councils (Environment, Science and Technology Council, State Council for Forests, and Sustainable Forest and Rural Development Council).

9. Needs identified?

Although the environmental monitoring and licensing of rural properties (MLAPR) system is in place, land tenure on a large scale must still be resolved.

Transparency and participation mechanisms

1. Actions taken to guarantee free, prior and informed consent

The draft Environmental Services Incentives System (SISA) law creates an institutional arrangement that includes a Hearing Body to receive claims and mediate conflicts. Another level of participation and social control is represented by the Follow-up Commission formed by government and non-government representatives chosen among members of the 3 State Councils (Environment, Forest, and Rural Development).

2. Mechanisms for consultation and continuous participation addressed

- Meetings with key NGOs in design phase

Consultation process:

- Invitation letters for the consultation process sent to 120 individuals from more than 72 local, national, and international organizations

- Meetings: 5 meetings with 40 individuals from local organizations

- Workshops: 3 3-day workshops attended by 80 potential beneficiaries

- Seminar: 32 people from 10 national and international civil society organizations and 7 Government Secretaries

- Written feedback: 3 written comments sent by email

Implementation phase (in development):

- IES Program Follow-up Commission: program supervision

- IES Program Hearing Body: claims and complaints regarding program execution

The consultation process will be a continuous, iterative process. Therefore, the sub-programs and projects of the IES Program will be designed in a participatory manner with the beneficiaries and will be supervised by a Local Follow-up Committee composed of representatives of the beneficiaries.

3. Information on transparency of REDD program

- Available information: Document describing the first version of the program (printed and digital)

- Media used: Email (invitation for participating in consultation process) and Government website

- Public access: Government website (removed after the third month and not put up again)

4. Needs identified for improvement in participation and transparency

- Strengthening the Follow-up Commission for the Incentives for Environmental Services System with regards to capacity-building on the theme of participation and transparency in order to be able to fulfill the expected role (approval of REDD sub-programs and norms).

- Webpage for publication of information about the Carbon program and Incentives for Environmental Services System.

Benefit sharing mechanisms

1. Describe the broad picture of how REDD program addresses social and economic well-being of forest dependent communities

The IES-Carbon Program is founded on the concept of incentives for environmental services (IES), which are defined as the costs of actions and interventions that result in the maintenance and/or increase in the provision of environmental services. The program is founded on the belief that this approach is essentially dealing with poverty reduction. Incentives are designed to increase the income and productivity of agricultural and forestry production systems, which, in conjunction with increased command-and-control measures, will lead to reduced pressure on forests, thereby assuring the continued provision of environmental services.

The IES differs from the payments for environmental services (PES) concept because the service provider is not being remunerated for the environmental service. The service provider is receiving resources that allow him/her to redirect his/her land use toward a more sustainable model.

2. Description of the PES or benefit sharing mechanisms currently in place or planned (concrete elements)

The Program has established guidelines for the development of REDD actions within the state that differ for distinct social and/or cultural groups. The IES are proposed to offset either entirely or partially the costs of actions including:

- Increasing productivity of degraded areas as a way of reducing pressure on forestlands and generating income;

- Sustainable use of forests as a form of conserving forestlands and generating income;

- Forest protection as a strategy to diminish the risks associated with forest degradation;

- Restoration of degraded areas through reforestation and establishment of agroforestry systems, restoring environmental services and producing economically valuable forest assets.

The value of the incentives will be determined in the context of each sub-program or project through a process of consultation and participatory design with the stakeholders.

3. Describe evidence of participation of stakeholders in the development of the mechanisms

The multi-stakeholder consultation process included discussions on the possible activities that could be supported within each incentive as well as the range of values these incentives should span. It is hoped that the Institute responsible for developing the ToR for the development of the subprograms and projects consider these references.

4. Needs identified?

- Analysis of benefit sharing mechanisms, focusing on the different realities of the potential beneficiaries

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