The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions

The REDD-Plus Regime and International Law


Author: Handa Abidin
In The Protection of Indigenous Peoples and Reduction of Forest Carbon Emissions, Handa Abidin identifies three main approaches that can be used by indigenous peoples to protect their rights in the context of REDD-plus. Further, he discusses how the available protection for indigenous peoples in the context of REDD-plus is currently insufficient to quickly address cases where the rights of indigenous peoples have been violated through REDD-plus activities. Abidin recommends the establishment of a committee and a panel on REDD-plus that could convey greater benefits to the context of REDD-plus and indigenous peoples, as well as to wider contexts such as climate change, human rights, and international law.

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Handa Abidin, PhD (2014), the University of Edinburgh School of Law, is the Head of the Podomoro University Business Law Programme and a lecturer in law at the University of Krisnadwipayana and the University of Pancasila.


Chapter One - Introduction
1. Climate Change, Forests, and Indigenous Peoples
2. Outline

Chapter Two - REDD-Plus under the UNFCCC Regime
1. Introduction
2. The Three Phases of REDD-Plus
2.1. Phase One: The UNFCCC, The Kyoto Protocol, and Forestry
2.2. Phase Two: The RED Proposal of Papua New Guinea and Costa Rica
2.3. Phase Three: Bali and Beyond
3. Legal Form, Status, and Its Implications
4. Definitional Issues: What is REDD-Plus?
4.1. Forest
4.2. Deforestation
4.3. Forest Degradation
4.4. The ‘Plus’
5. Indigenous Peoples under the UNFCCC Regime
5.1. Participation Before REDD-Plus
5.2. Indigenous Peoples in REDD-Plus
5.3. Relevant Rights under the UNDRIP
6. Conclusion

Chapter Three - Protecting Indigenous Peoples in REDD-Plus
under International Law
1. Introduction
2. The UNFCCC Approach
3. The Human Rights Approach
3.1. Human Rights Treaties and Their Bodies
3.2. Regional Commissions and Courts on Human Rights: Inter American,
Africa, and ASEAN
3.3. UNPFII, EMRIP, and Special Rapporteur on the Rights of Indigenous
4. The Financial Approach
4.1. UN-REDD Programme
4.2. World Bank’s FCPF
5. The Approaches and the Challenges of Fragmentation
6. Conclusion

Chapter Four - Practical Approaches to Protecting Indigenous
Peoples in REDD-Plus
1. Introduction
2. The Similarities
2.1. The UN-REDD Programme
2.2. The World Bank’s FCPF
3. The Differences
4. Conclusion

Chapter Five - Do We Need a REDD-Plus Committee to Protect
Indigenous Peoples?
1. Introduction
2. REDD-Plus: The Conditions
3. REDD-Plus Committee: The Scenarios
3.1. Outside the CDM
3.1.1. REDD-Plus Committee and REDD-Plus Panel: Proposed Functions Approving Function Adjudicating Function Monitoring or Supervising Function Advising Function Implementer and Regulatory Function Coordinating Function
3.1.2. Proposed Membership Composition
3.2. Under the CDM
3.2.1. Panel on the CDM
3.2.2. Committee on REDD-Plus
4. Conclusion

Chapter Six - Conclusion
1. Introduction
2. Final Remarks


All interested in REDD-plus, international climate change law, the rights of indigenous peoples, international human rights law, and international law in general.