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LEGAL FRAMEWORKS FOR SUSTAINABLE DEVELOPMENT
FUNDAÇÃO GETÚLIO VARGASPRAIA DE BOTAFOGO, N. 190, 12. ANDAR, RIO DE JANEIRO
RIO+20 - JUNE 20, 2012
Legal Best Practices from the National and local Levels in Brazil
The Amazon has the largest hydrographic basin in the world, with 7 million km², including Brazil and neighbor countries. About 3,8 million Km² are in Brazil.
The humidity generated at the Amazon is perceived not only in the Amazon but also at south of Brazil and Argentina. It also reflects the weather in the United States (Florida) and Europe (Spain). This phenomenon is called “flying rivers”.
General Details of the Brazilian Amazon
Area 5,217,423 Km2
Percentage 61% in Brazil
Municipalities 807
Percentage 15% of all Brazilian municipalities
Total inhabitants 21,056,532 people
Percentage 12.4% of all Brazilians
Density 4.14 inhabitant / Km2
Brazil CO2 Emissions by Sector
Land Use Change and Forests
Fossil Fuels Burning - transport
Fossil Fuels Burning - industry
Fossil Fuels Burning - other sectors
Industrial Processes
Fugitive Emissions
Waste Incineration
Source: adapted from MCT, 2010a. Second Brazil National Communication to the UN Framework Convention on Climate Change, Brasilia; MCT – General Coordination on Global Climate Change
77%
8%
5%5%
4%
2001
2011
2021
2031
PREDICTED DEFORESTATION SCENARIO
Soares Filho et al , Nature, 2006
2003: Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)2007: Federal Government announces the Amazon Fund. It was established in 2008;
2008: Establishment of the GCF Task Force. Strong articulation with the Brazilian states;
2009: Brazilian Government starts to look into REDD;National Climate Change Law was approved (Law 12.187) and regulamented by decree 7.390/2010. Target of 36.1% to 38.9% of the country’s projected emissions by 2020 = reduction of 1.2
G Ton CO2 by 2020, with baseline of 2005. Establishment of 12 policy instruments. Among them: PPCDAm and ABC Plan.
2010:• Government of Acre: Implementation of SISA (Environmental Services System) and the
establishment of a MOU with California (USA) and Chiapas (MX);
2011 / 2012: • Forest Code still a question mark..• Other subnational governments: Amazonas and Mato Grosso did public consultations for
the implementation of a local REDD Policy and an environmental services legislation;• Brazilian National REDD Policy: still inexistent.. Currently under analysis at Senate and at
the House of Representatives. Ministry of Environment intends to consolidate the efforts no final decision yet..
Major Political Initiatives: National and Subnational
Deforestation rate in the Amazon versus the National GDP
Deforestation trend
Source: Brazilian Ministry of Environment
Brazilian Deforestation Trend at the Amazon
Def
ores
tatio
n at
the
Amaz
on (K
m2/
year
)
Observed deforestation
Simulated deforestation
Reference levelReduction target by 2020Reduction observed until 2011Reduction to be accomplished by 2020
Source: Brazilian Ministry of Environment
Brazilian Deforestation Trend at the Amazon
Brazilian National Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)
Source: Brazilian Ministry of Environment
Brazilian National Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)
Chronogram of the implementation process (3rd Phase: 2012 – 2015)
1 – Elaboration of the Tree of Problems
2 – Meeting with the three sub-groups• Foment of Productive Activities• Land ownership ordering• Monitoring and Control
3 – Meetings with the Civil Society and Amazon States
4 – Meetings at the states
5 – Consolidation of the final PPCDAm document
Brazilian National Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)
Third Phase of PPCDAM: Problems Tree
Foment of Productive Activities Monitoring and ControlLand ownership ordering
• ACRE: was the first Brazilian state to implement a state-wide legislation - SISA (Law 2.308/10) for the reduction of the carbon emissions caused by deforestation. Acre signed a MOU with California and Chiapas for a closer cooperation;
• AMAPÁ: is currently in the process of elaborating a climate change policy;
• AMAZONAS: was the first mover. Implemented a climate change legislation (law 2.308/07), a pioneer agency (FAS) and project (Juma). Currently, the State is working on the implementation of the Environmental Services Legislation;
• MATO GROSSO: is in the process of approving a state-wide REDD+ legislation and a climate change policy
• PARÁ: the discussion on the implementing a state-wide policy on climate change is inactive since 2009. There were recently changes at the Secretariat of Environment, the perspective is to restart the discussions
• TOCANTINS: is in the process of reviewing its climate change policy
The Role of the Brazilian Subnational Governments
AMAPÁ: PPCD approved in 2010. Commitments were not established
PARÁ: PPCD approved in 2009. Reduction of the deforestation by 80% with the baseline of 1996-2005were not established
AMAZONAS:PPCD approved in 2008. Reduction of 38% by 2010, considering the average of 1996-2005 (870 Km2) , reduction of400 Km2 by 2012 and thereafter the maintenance of the deforestation rate until 2020.
ACRE: PPCD approved in 2009. Reduction of the deforestation by 82% with the baseline of 1996-2005 by 2020, equivalent to a deforestation rate of 105 Km
RONDÔNIA: PPCD approved in 2009. Reduction of the deforestation gradually until zero deforestation by 2015, starting from 2010
MATO GROSSO:PPCD approved in 2009.
Reduction of 89% by 2020 with average
baseline from 1996-2005. Reduction of the
deforested areas by zero by 2012
TOCANTINS:PPCD approved in 2009.
Reduction of the illegal deforestation between
2009 and 2014; reduction between 75
and 80% of the deforestation until 3013
(Amazon biome) and 40% until 2020 of the
Cerrado
Governors’ Climate and Forest Task Force (GCF)
Visit: www.gcftaskforce.org
REDD+ What is REDD+?
“Reducing Emissions from Deforestation and forest degradation in Developing countries.”• Basic concept: Compensate countries / subnational governments that
are able to reduce CO2 emissions from deforestation and forest degradation
What can REDD+ generate?• Voluntary contributions to reduce global CO2 emmissions • Change to the economic model • Historic justice to the population that have been living at the forests,
preserving it• Reduce poverty • Preserve the forest
Inexistance of a legal framework or norms. Such aspect brings incertenty, expectations and vulnerability to all involved entities: local communities, indigenous groups, private sector, etc.
Proliferation of REDD+ projects with different methodologies and baselines: as consequence we have a higher level of dificulty to mesure the real impact of allprojects and to integrate to a national system. This is the “chickenpox” approach, which should be avoided.
Critical Aspects
“chickenpox” REDD Aproach
The Challenges of Integrating National and Subnational Policies
1. Harmonization of the compromises assumed for the reduction of the deforestation at the subnational and national levels
2. “Nested Approach,” including the integration of voluntary initiatives to the national strategy
3. Efficient end effective mobilization of financial resources, such as the Amazon Fund
4. Establishment of a carbon market, integrating REDD to agriculture products / commodities
5. Alignment of public policies: agriculture / environment / mining / infrastructure
“Nested approach”: Subnational programs that are connected to a national policy:
Centralized legislation Socio-environmental safeguards monitoring reporting and verification
(MRV) Distribution of benefits: local population /
land owners / indigenous groups, etc.
Low carbon emissions economy
REDD+ Strategy for the Amazon Region
available in Portuguese and English at www.ipam.org.br
International Negotiations…. Rio+20, COP…
Good
News!!
We came up with an
international agreement!!
Thank you.
Bernhard J. Smid
Instituto de Pesquisa Ambiental da Amazônia – IPAMAmazon Environmental Research Institute – IPAM
www.IPAM.org.brTwitter: IPAM_Amazonia
[email protected]: BSmid