INDIGENOUS CONTRIBUTIONS TO NDCS: HOW INCREASING RECOGNITION CAN RAISE PARIS AGREEMENT AMBITION AND DRIVE IMPLEMENTATION

November 2021

Front cover photography: © Luis Barreto - WWF-UKBack cover photography: © César David Martinez

Publisher: WWF This brief has been produced through an inclusive co-creation process that included a workshop in August 2021 with WWF offices and Indigenous organizations in Latin America. The workshop was designed to share experiences and best practices for the inclusion of Indigenous peoples and local communities’ contributions into Nationally Determined Contributions (NDCs). The following (listed in alphabetical order) provided strategic guidance on the development of this brief:

AIDESEP, CONFENIAE, COICA, OPIAC, as well as WWF staff from Argentina, Bolivia, Chile Colombia, Ecuador, Guatemala, Mexico, Paraguay and Peru.

Main writers: Brittany Williams, WWF-US

Paola Boniello, WWF International

With contributions from and thanks to:

Damian Fleming, WWF International

Delfin Ganapin, WWF International

Fran Price, WWF International

Huma Khan, WWF International

Joost Van Montfort, WWF International

Jordi Surkin, WWF-Bolivia

Manuel Pulgar Vidal, WWF International

Maria Fernanda Jaramillo, WWF-Colombia

María Inés Rivadeneira, WWF-Ecuador

Maritza Florian Buitrago, WWF-Colombia

Oliver Smith, WWF-UK

Pia Escobar Gutierrez, WWF-Colombia

Shirley Matheson, WWF EPO

Vanessa Perez-Cirera, WWF International

Ximena Barrera, WWF-Colombia

Translation into Spanish: Fernando Campos Leza

Copy-Editing: Barney Jeffries

Designed by: Jo Curnow, 1 Tight Ship, South Africa

This brief is intended to provide ideas and suggestions for consideration by interested parties. It does not necessarily represent a policy position of the contributors or reviewers.

© César David Martinez

CONTENTSINTRODUCTION 3

THE PROBLEM 4

POLICY RECOMMENDATIONS 5LAND TENURE SECURITY AND IMPLEMENTATION 5

IPLC ENGAGEMENT IN DECISION-MAKING AND INCLUSIVE GOVERNANCE SYSTEMS 5

TECHNICAL SUPPORT FOR SELF-DETERMINATION 6

FUNDING 6

TOWARD FULL IPLC RECOGNITION AND INCLUSION 7

ENDNOTES 9

REFERENCES 10

3

INTRODUCTION The implementation of the Paris Agreement is currently falling short when it comes to the effective and full participation of Indigenous peoples and local communities (IPLCs) and the recognition of their rights and contributions to climate mitigation and adaptation.

Forests are able to provide a significant percentage of the cost-effective climate mitigation required to reach the Paris temperature target, yet the world is losing them at an alarming rate, especially in the tropics and sub-tropics.1

IPLCs are an integral and indivisible part of their territories: without their inclusion, countries cannot meet their climate commitments. There is growing acknowledgment in the international scientific community2 that IPLCs have played

a crucial role in safeguarding forests from deforestation and degradation for centuries, and continue to do so. Research has shown that at least 293,061 million metric tonnes of carbon (MtC) are stored in the collective forestlands of Indigenous peoples3 globally, with at least 34,000 million MtC in Latin America.4 This amounts to roughly 30 per cent of all the carbon stored by forests in the region and 14 per cent of all the carbon stored in tropical forests worldwide.5

© Luis Barreto / WWF-UK

© César David Martinez

INDIGENOUS CONTRIBUTIONS TO NDCS: HOW INCREASING RECOGNITION CAN RAISE PARIS AGREEMENT AMBITION AND DRIVE IMPLEMENTATION

THE PROBLEMDespite their role as vital custodians of forestlands, IPLCs are rarely recognized adequately in Nationally Determined Contributions (NDCs)6 and are left out of other national policy-making and decision-making processes in a way that limits their contribution to implementation. This needs to change drastically if the Paris Agreement goals are to be met.

Indigenous groups are already calling on the world to act, as demonstrated by a recent motion at the IUCN World Conservation Congress to protect at least 80 per cent of the Amazon by 2025 and to work with Indigenous peoples to fully recognize and delimit all their ancestral territories.7 Given both the urgent need to deliver ambitious NDC targets and the imperative to support IPLC rights and livelihoods, this brief presents a set of recommendations for governments in Latin America on how and why IPLC contributions should be recognized in NDCs and other policy-making processes. While progress in this area has been wholly inadequate, this brief touches on some positive examples in the region that can be built upon. In addition to helping meet the Paris Agreement goals, enactment of these policy recommendations is crucial to achieving the SDGs, the post-2020 framework of the Convention on Biological Diversity (CBD), and other government human rights commitments.

To inform the policy recommendations below, WWF drew on the perspectives of Indigenous peoples’ organizations, NGOs, UN agencies and researchers in or focusing on Latin America. This included a virtual consultation held in August 2021.8 An annotated list of additional resources consulted is provided at the end of this document.

© Luis Barreto / WWF-UK

© Days Edge Productions / WWF-US

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POLICY RECOMMENDATIONSLand tenure security and implementation IPLCs have been preserving, managing and sustainably using forests for millennia with little to no outside recognition of their stewardship.9 More recently, however, calls have been growing to acknowledge that securing IPLCs’ tenure rights to their land is a highly effective10 and economically sensible approach that delivers local, national and global benefits and represents a crucial step to meet a country’s NDC.11 Despite progress in land titling for IPLCs in several countries in Latin America to date, a significant portion of community lands have not yet been formally recognized.12

LEGAL FRAMEWORKS. Every government should adopt legal frameworks recognizing IPLC tenure rights that are as comprehensive as possible, despite country differences in types of tenure regimes based on different laws. These frameworks should cover rights of access, withdrawal, management, exclusion, due process and compensation for an unlimited duration, which can provide communities with the full legal basis for tenure security.

INSTITUTIONAL CAPACITY. Governments need to streamline the implementation of legal frameworks by ensuring sufficient internal capacity to recognize and implement community rights within national and subnational governmental agencies. They also need to be able to assist communities with conflict resolution over land disputes,13 including with appropriate legal support, and provide communities with permits and technical assistance to manage their forests.14

IPLC engagement in decision-making and inclusive governance systems INCLUSIVE GOVERNANCE SYSTEMS. Governments must enforce the internationally established right of Indigenous Peoples to free, prior and informed consent (FPIC), which includes full consultation and participation in decision-making processes that affect their territories.15 Through the use of FPIC and of collective decision-making, governments can level the playing field between communities and companies16 and safeguard Indigenous territories from the growing demand for land for agriculture, mining and other commercial uses. Governments must also strengthen legal and regulatory compliance mechanisms to guarantee the inclusion and fulfilment of strong safeguards criteria. This includes enforcing existing conservation and land management laws and implementing existing agreements between the state and IPLCs.

ENGAGEMENT IN DECISION-MAKING. Governments need to actively support the participation of Indigenous peoples from their countries in national and international processes relevant to the NDC.17 Advocacy training for Indigenous peoples should be developed and delivered to promote transparency and dialogue between communities and the government. Governance structures should be designed with particular inclusion mechanisms to ensure IPLCs, particularly women and youth, are involved in

© César David Martinez

INDIGENOUS CONTRIBUTIONS TO NDCS: HOW INCREASING RECOGNITION CAN RAISE PARIS AGREEMENT AMBITION AND DRIVE IMPLEMENTATION

NDC revision processes and IPLC proposals incorporated into public policies that affect their lands and livelihoods. These mechanisms should include information-sharing systems and educational programmes designed for and with IPLCs that value and safeguard ancestral knowledge.

Technical support for self-determinationStrengthening the ability of IPLCs to participate in and contribute to NDC-related processes, including implementation planning, must be a priority to increase the ambition and delivery of national climate goals. Providing access to technical knowledge and tools can help ensure active participation.

LAND STEWARDSHIP TOOLS. IPLCs cannot quantify and monitor the climate benefits that their territories provide without the right spatial and accounting tools. Governments must provide IPLCs with resources and technical assistance for appropriate technologies to map, quantify and monitor their territories’ ability to store carbon, safeguard biodiversity and provide other vital ecosystem services. Through this monitoring, IPLCs can contribute to NDC land-use targets, biodiversity targets, and the UN Sustainable Development Goals (SDGs).

FundingAdequate funding support is needed if IPLCs are to continue protecting and stewarding their lands and territories while improving their quality of life, particularly with increasing threats of encroachment, violence18 and climate impacts. Sources of climate finance have not reached IPLCs at appropriate levels and that needs to change. In the period 2011-2020, IPLC tenure and forest management projects received donor funding that amounted to the equivalent of less than 1 per cent of official development assistance for climate.19 To fill this investment gap, governments should direct funding to flow directly to IPLCs, using public funds as well as engaging the private sector to invest through blended finance mechanisms.

STEWARDSHIP AND LIVELIHOOD FUNDS. Governments cannot expect IPLCs to resist outside deforestation and conversion pressures without alternative economic opportunities. They should consider establishing or strengthening existing financial compensation mechanisms dedicated to and managed by IPLCs who protect their territories against extractive and agricultural industry activities.20 These could include national or regional bioeconomy funds21 and systems of payment for ecosystem services. Financial resources are also needed for sustainable land management activities and alternative livelihood pathways, including the creation of mechanisms that facilitate access to seed funding for IPLC enterprises.

© Luis Barreto / WWF-UK

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TOWARD FULL IPLC RECOGNITION AND INCLUSIONThe actions that IPLCs take to protect and steward their lands must be acknowledged in NDCs and supported moving forward if countries are to meet their Paris Agreement commitments.

By engaging Indigenous and local community representatives in local and national decision-making and policy-making, governments can accelerate their progress towards meeting imperative climate and biodiversity goals. Government representatives, particularly those acting as country focal points at the UNFCCC Conference of Parties, have a duty to act on these recommendations and initiate discussions on these issues with Indigenous and community organizations in their countries as soon as possible.

© Daniel Martínez / WWF-Peru

INDIGENOUS CONTRIBUTIONS TO NDCS: HOW INCREASING RECOGNITION CAN RAISE PARIS AGREEMENT AMBITION AND DRIVE IMPLEMENTATION

Colombia22: In 2018, OPIAC (Organization of the Indigenous Peoples of the Colombian Amazon in the acronym in Spanish), together with WWF-Colombia, kicked off a joint collaboration to summarize the contributions of Amazonian Indigenous territories to achieving Colombia’s NDC.

Using their own vision of sustainable development, Indigenous groups in the Colombian Amazon have contributed to the mitigation and adaptation targets of the country’s NDC. The work has generated environmental planning and management mechanisms, as well as techniques, skills and forms of knowledge with a positive impact on NDCs, the Aichi biodiversity targets, and the SDGs, especially Goal 13 (Climate action) and Goal 15 (Life on land).

The national government has partially recognized these contributions, but there is still a long way to go in the recognition of the fundamental role that Indigenous people play. One concrete request to the government from IPLCs is access to monitoring tools to account for the contribution of Indigenous territories to environmental services such as carbon storage as well as to regional ecological connectivity and conservation.

MORE INFORMATION >>

Mexico: In 2005, WWF-Mexico started a collaboration in the Copalita-Zimatán-Huatulco basin with Indigenous and local communities on agroecology and soil monitoring. IPLC-led enterprises have helped to generate significant environmental and socio-economic benefits. These include the reforestation of 2,625 hectares of native forest in 18 municipalities, and sustainable use of water through agroecology in growing crops such as native corn, coffee and vanilla. Seven biofactories and thirteen community conservation companies were created.

Mexico’s NDC includes a focus on nature-based solutions and links with the SDGs but remains insufficient, according to WWF’s NDC review.23

MORE INFORMATION >>

These case studies illustrate examples of good practices that should be recognized and built on within countries’ NDCs. They are not intended as an endorsement of the respective countries’ climate plans or their engagement with IPLCs.

© Luis Barreto / WWF-UK

© WWF

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ENDNOTES1 https://www.worldwildlife.org/stories/deforestation-fronts

2 See for example World Resources Institute. 2019. The IPCC Calls for Securing Community Land Rights to Fight Climate Change

3 Rights and Resources Initiative. 2018. A Global Baseline of Carbon Storage in Collective Lands

4 This estimate is based on figures for those Latin America countries that have been adequately mapped. There are some gaps in data, which means this is likely an underestimate.

5 FAO and FILAC. 2021. Forest Governance by Indigenous and Tribal People. An Opportunity for Climate Action in Latin America and the Caribbean.

6 WWF. 2021. NDCs – A Force for Nature?

7 Motion 129 - Avoiding the point of no return in the Amazon protecting 80% by 2025

8 In August 2021, WWF convened Indigenous organizations COICA, OPIAC, AIDESEP and CONFENIAE, and WWF staff from Mexico, Guatemala, Colombia, Ecuador, Peru, Bolivia, Paraguay, Argentina and Chile, to share examples of IPLC involvement in NDC implementation, lessons learned, reflections and recommendations. Attendees presented case studies, highlighted the main barriers preventing recognition of IPLC contributions to NDCs in their countries, proposed strategies to overcome those barriers, and provided recommendations for governments to better recognize IPLCs as meaningful contributors to NDCs.

9 WWF. 2020. Unseen foresters – an assessment of approaches for wider recognition and spread of sustainable forest management by local communities

10 WWF. 2021. The State of Indigenous Peoples’ and Local Communities’ Lands and Territories

11 Veit, P. 2019. Land Matters: How Securing Community Land Rights Can Slow Climate Change and Accelerate the Sustainable Development Goals

12 Rights and Resources Initiative. 2020. Estimate of the area of land and territories of Indigenous Peoples, local communities, and Afro-descendants where their rights have not been recognized

13 Land disputes and encroachment can often lead to the murder of human rights and environmental defenders, See for example Grattan, S. 2021. Environmental defenders killed in record numbers in 2020: Report

14 Profor. 2017. Securing Forest Tenure Rights for Rural Development: Lessons from Six Countries in Latin America.

15 FPIC is a right of Indigenous peoples recognised in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). However, there are also local communities with strong customary links to their lands and territories who may not be categorized as Indigenous peoples by their government, but who nevertheless deserve to have the same right of an FPIC process.

16 Veit, P. 2019. Land Matters: How Securing Community Land Rights Can Slow Climate Change and Accelerate the Sustainable Development Goals

17 These could include development or revision of a sustainable or low-carbon national or subnational development plan, participation in the UNFCCC Conference of Parties including the Global Stocktake process, and development of long-term strategies under the UNFCCC.

18 NBC News. 2021. The deadliest place for environmental activists is Latin America

19 Rainforest Foundation Norway. 2021. Falling Short: Donor funding for Indigenous Peoples and local communities to secure tenure rights and manage forests in tropical countries (2011–2020)

20 Tollefson, J. 2021. Illegal mining in the Amazon hits record high amid Indigenous protests

21 For example, IDB’s Amazon Bioeconomy Fund

22 According to WWF’s NDC review system, Colombia’s updated NDC has enhanced its mitigation target from 20% from business as usual by 2030 and qualifies as an NDC We Want.

23 WWF NDC Analysis February 2021: Mexico

INDIGENOUS CONTRIBUTIONS TO NDCS: HOW INCREASING RECOGNITION CAN RAISE PARIS AGREEMENT AMBITION AND DRIVE IMPLEMENTATION

REFERENCES • WWF, UNEP-WCMC, SGP/ICCA-GSI, LM, TNC , CI, WCS, EP, ILC-S, CM, IUCN. 2021. The State of Indigenous Peoples’ and

Local Communities’ Lands and Territories: A technical review of the state of Indigenous Peoples’ and Local Communities’ lands, their contributions to global biodiversity conservation and ecosystem services, the pressures they face, and recommendations for actions. Gland, Switzerland.

This comprehensive analysis highlights the crucial role of IPLCs in protecting nature globally.

• WWF, Climate Focus, UN-REDD Programme, UN Environment Programme, UNEP-DTU Partnership, and BMU. 2020. #NDCsWeWant: Enhancing Forest Targets and Measures in Nationally Determined Contributions. Gland, Switzerland.

This paper provides recommendations for decision-makers to incorporate the full potential of forests in NDCs under the Paris Agreement.

• WWF and Climate Focus. 2021. NDCs – A Force for Nature? 3rd Edition. Woking, UK.

This report assesses updated NDCs for their inclusion of nature-based solutions and provides recommendations to governments for national level implementation and the UNFCCC process.

• WWF. 2021. Latin America and Caribbean NDCs: Recommendation for Decision-makers. Gland, Switzerland.

This report provides lessons from Latin America and the Caribbean on NDC enhancement and recommendations for policymakers in the region.

WWF and OPIAC. 2021. Territorios indígenas amazónicos: Contribución al cumplimiento de los compromisos en materia de cambio climático y biodiversidad en Colombia.

This publication estimates the contribution of Indigenous territories in the Amazon towards the fulfilment of Colombia’s NDC. [In Spanish]

• AIDESEP. 2019. Indigenous territorial climate ambition to reduce emissions from the Amazon.

Factsheet on progress of Indigenous communities to increase climate ambition in the Amazon.

• ICCA Consortium. 2021. Territories of Life: 2021 Report. ICCA Consortium: worldwide.

This global analysis estimates the extent and conservation values of territories and areas conserved by Indigenous peoples and local communities.

• FAO and FILAC. 2021. Forest Governance by Indigenous and Tribal People. An Opportunity for Climate Action in Latin America and the Caribbean. Santiago.

This report demonstrates the importance and urgency of climate action to protect the forests of Latin America’s Indigenous and tribal territories and the peoples who protect them.

• Macqueen, D. and Mayers, J. 2020. Unseen foresters - an assessment of approaches for wider recognition and spread of sustainable forest management by local communities. WWF, Stockholm, Sweden.

This report calls for greater recognition of the role of IPLCs in forest management and shows that local models of governance excel in helping protect forests.

• Rainforest Foundation Norway. 2021. Falling short: Donor funding for Indigenous Peoples and local communities to secure tenure rights and manage forests in tropical countries (2011–2020). RFN, Oslo, Norway.

This report details the ongoing deforestation and biodiversity crises in global rainforests and establishes Indigenous peoples as more effective protectors of such forests than governments.

• RRI. 2020. Estimate of the area of land and territories of Indigenous Peoples, local communities, and Afro-descendants where their rights have not been recognized. Washington, DC.

This report offers a first comprehensive effort to develop a global baseline of the total land area with unrecognized rights of Indigenous peoples, local communities and Afro-descendants.

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• Frechette, A., Ginsburg, C. and Walker, W. 2018. A Global Baseline of Carbon Storage in Collective Lands. RRI. Washington, DC.

This report presents the most comprehensive assessment to date of carbon storage in documented community lands worldwide from 64 countries. (Updated baseline coming in 2022)

• Reytar, K., Chertock, M. and Veit, P. 2018. Safeguarding the Carbon Stored in Indigenous and Community Lands is Essential to Meeting Climate Goals. WRI.

This article highlights findings from the Global Baseline of Carbon Storage in Collective Lands.

• Ding, H., Veit, P., Gray, E., Reytar, K., Altamirano, J.C., and Blackman, A. 2016. Climate Benefits, Tenure Costs: The Economic Case for Securing Indigenous Land Rights. WRI.

This report offers evidence that the modest investments needed to secure land rights for Indigenous communities will generate billions in returns for local communities and the climate.

• Veit, P. and Reytar, K. 2017. By the Numbers: Indigenous and Community Land Rights. WRI.

This article highlights data related to Indigenous and community land rights.

• Tye, S. 2021. Las comunidades del Gran Chaco Americano se están organizando para resistir el cambio climático. WRI.

This article discusses how communities in the Chaco have been working to increase their resilience to climate impacts such as flooding. [In Spanish]

• Veit, P. 2021. 4 Ways Indigenous and Community Lands Can Reduce Emissions. WRI.

This article describes the many benefits that stronger Indigenous and community land rights can offer countries as they seek to address climate change.

• Mowat, H. and Veit, P. 2019. The IPCC Calls for Securing Community Land Rights to Fight Climate Change. WRI.

This article summarizes the IPCC’s recognition of the importance of securing community land for action to address climate change.

• Veit, P. 2019. Land Matters: How Securing Community Land Rights Can Slow Climate Change and Accelerate the Sustainable Development Goals. WRI.

This article highlights the ways in which secure communal land tenure can deliver environmental and development returns and can contribute to meeting climate goals and the SDGs.

• LandMark Global Platform of Indigenous and Community Lands

LandMark is the first online, interactive global platform to provide maps and other critical information on lands collectively held and used by Indigenous peoples and local communities.

• Segura Warnholtz, G., Fernández, M., Smyle, J., and Springer, J. 2017. Securing Forest Tenure Rights for Rural Development: Lessons from Six Countries in Latin America. PROFOR, Washington DC.

This study reviews the progress of tenure reforms in six Latin American countries and draws lessons to help advance the realization of these reforms and inform similar initiatives elsewhere.

• DiGiano, M., Stickler, C. and David, O. 2020. How Can Jurisdictional Approaches to Sustainability Protect and Enhance the Rights and Livelihoods of Indigenous Peoples and Local Communities? Frontiers in Forests and Global Change 3:40.

This article explores how jurisdictional approaches to sustainability can protect and enhance the rights and livelihoods of IPLCs.

• Cruse, M. 2021. Forest Voices: To protect the land is to protect indigenous lives. Chatham House.

This article spotlights Peru’s ONAMIAP organization and their campaign for rights to ancestral lands and for women to have an equal role in decision-making.

© 2021

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