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

BJSmid@ipam.org.brTwitter: BSmid