LEGAL FRAMEWORKS FOR SUSTAINABLE DEVELOPMENT Legal Best Practices from the National and local Levels in BrazilFUNDAÇÃO GET...
The Amazon has the largest hydrographic basin inthe world, with 7 million km², including Brazil andneighbor countries. Abo...
Brazil CO2 Emissions by Sector                        4%              5%                                                  ...
PREDICTED DEFORESTATION        SCENARIO                    2001                                           2011            ...
Major Political Initiatives: National and Subnational2003:    Plan for the Prevention of Deforestation and Conservation of...
Brazilian Deforestation Trend at the Amazon Deforestation rate in the Amazon versus the National GDP                     ...
Brazilian Deforestation Trend at the Amazon                                                                       Observed...
Brazilian National Plan for the Prevention of Deforestation        and Conservation of the Amazon (PPCDAm)Source: Brazilia...
Brazilian National Plan for the Prevention of Deforestation        and Conservation of the Amazon (PPCDAm) Chronogram of ...
Brazilian National Plan for the Prevention of Deforestation        and Conservation of the Amazon (PPCDAm)  Third Phase o...
The Role of the Brazilian Subnational Governments• ACRE: was the first Brazilian state to implement a state-wide legislati...
PARÁ: PPCD approved in 2009.                                   AMAPÁ: PPCD approved in 2010.Reduction of the deforestation...
Governors’ Climate and Forest Task Force (GCF)Visit: www.gcftaskforce.org
REDD+ What is REDD+?“Reducing Emissions from Deforestation and forestdegradation in Developing countries.”• Basic concept...
Critical Aspects   Inexistance of a legal framework or norms. Such aspect    brings incertenty, expectations and vulnerab...
The Challenges of Integrating National and                   Subnational Policies1. Harmonization of the compromises assum...
REDD+ Strategy for the Amazon Region                                   “Nested approach”: Subnational programs           ...
International Negotiations…. Rio+20, COP…                                    We came up                                   ...
Thank you.Bernhard J. SmidInstituto de Pesquisa Ambiental da Amazônia – IPAMAmazon Environmental Research Institute – IPAM...
Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil
Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil
Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil
Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil
Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil
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Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil

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Presentation at the seminar "Legal Frameworks for Sustainable Development", held at FGV, during #Rioplus20. The seminar was held in partnership with the Centre for International Environmental Studies (CIES - The Graduate Institute, Genebra); Pace Law School (NY); the Brazilian American Institute for Law and the Environment (BAILE); the International Development Law Organization (IDLO); and the Center for International Sustainable Development Law (CISDL).

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Legal Frameworks for Sustainable Development: Legal Best Practices from the National and Local Levels in Brazil

  1. 1. LEGAL FRAMEWORKS FOR SUSTAINABLE DEVELOPMENT Legal Best Practices from the National and local Levels in BrazilFUNDAÇÃO GETÚLIO VARGASPRAIA DE BOTAFOGO, N. 190, 12. ANDAR, RIO DE JANEIRORIO+20 - JUNE 20, 2012
  2. 2. The Amazon has the largest hydrographic basin inthe world, with 7 million km², including Brazil andneighbor countries. About 3,8 million Km² are inBrazil.The humidity generated at the Amazon isperceived not only in the Amazon but also at southof Brazil and Argentina. It also reflects theweather in the United States (Florida) and Europe(Spain). This phenomenon is called “flying rivers”. General Details of the Brazilian AmazonArea 5,217,423 Km2Percentage 61% in BrazilMunicipalities 807Percentage 15% of all Brazilian municipalitiesTotal inhabitants 21,056,532 peoplePercentage 12.4% of all BraziliansDensity 4.14 inhabitant / Km2
  3. 3. Brazil CO2 Emissions by Sector 4% 5% Land Use Change and Forests 5% Fossil Fuels Burning - transport Fossil Fuels Burning - industry 8% Fossil Fuels Burning - other sectors 77% Industrial Processes Fugitive Emissions Waste IncinerationSource: adapted from MCT, 2010a. Second Brazil National Communication to the UN FrameworkConvention on Climate Change, Brasilia; MCT – General Coordination on Global Climate Change
  4. 4. PREDICTED DEFORESTATION SCENARIO 2001 2011 2021 2031Soares Filho et al , Nature, 2006
  5. 5. Major Political Initiatives: National and Subnational2003: 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..
  6. 6. Brazilian Deforestation Trend at the Amazon Deforestation rate in the Amazon versus the National GDP Deforestation trendSource: Brazilian Ministry of Environment
  7. 7. Brazilian Deforestation Trend at the Amazon Observed deforestation Simulated deforestation Reference levelDeforestation at the Amazon (Km2/year) Reduction target by 2020 Reduction observed until 2011 Reduction to be accomplished by 2020Source: Brazilian Ministry of Environment
  8. 8. Brazilian National Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)Source: Brazilian Ministry of Environment
  9. 9. 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
  10. 10. Brazilian National Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)  Third Phase of PPCDAM: Problems TreeFoment of Productive Activities Land ownership ordering Monitoring and Control
  11. 11. The Role of the Brazilian Subnational Governments• 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
  12. 12. PARÁ: PPCD approved in 2009. AMAPÁ: PPCD approved in 2010.Reduction of the deforestation by 80% with the baseline Commitments were not establishedof 1996-2005were not established TOCANTINS:AMAZONAS: PPCD approved in 2009.PPCD approved in 2008. Reduction of the illegalReduction of 38% by deforestation between2010, considering the average 2009 and 2014;of 1996-2005 (870 Km2) reduction between 75, reduction of400 Km2 by and 80% of the2012 and thereafter the deforestation until 3013maintenance of the (Amazon biome) anddeforestation rate until 40% until 2020 of the2020. CerradoACRE: MATO GROSSO:PPCD approved in 2009. PPCD approved in 2009.Reduction of the Reduction of 89% bydeforestation by 82% with 2020 with averagethe baseline of 1996-2005 by baseline from 1996-2020, equivalent to a 2005. Reduction of thedeforestation rate of 105 Km RONDÔNIA: PPCD approved in 2009. deforested areas by Reduction of the deforestation gradually until zero by 2012 zero deforestation by 2015, starting from 2010
  13. 13. Governors’ Climate and Forest Task Force (GCF)Visit: www.gcftaskforce.org
  14. 14. REDD+ What is REDD+?“Reducing Emissions from Deforestation and forestdegradation 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
  15. 15. Critical Aspects 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.
  16. 16. The Challenges of Integrating National and Subnational Policies1. Harmonization of the compromises assumed for the reduction of the deforestation at the subnational and national levels2. “Nested Approach,” including the integration of voluntary initiatives to the national strategy3. Efficient end effective mobilization of financial resources, such as the Amazon Fund4. Establishment of a carbon market, integrating REDD to agriculture products / commodities5. Alignment of public policies: agriculture / environment / mining / infrastructure
  17. 17. REDD+ Strategy for the Amazon Region  “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 available in Portuguese and English at www.ipam.org.br
  18. 18. International Negotiations…. Rio+20, COP… We came up with an international agreement!!
  19. 19. Thank you.Bernhard J. SmidInstituto de Pesquisa Ambiental da Amazônia – IPAMAmazon Environmental Research Institute – IPAMwww.IPAM.org.brTwitter: IPAM_AmazoniaBJSmid@ipam.org.brTwitter: BSmid

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