Edited by Christina Voigt
Chapter 6: The human rights of Indigenous Peoples and forest-dependent communities in the complex legal framework for REDD+
Few legal issues concerning REDD+ have arguably attracted more attention from scholars and practitioners than those relating to the recognition and protection of the human rights of Indigenous Peoples and forest-dependent communities in developing countries. The salience of human rights to the development and implementation of REDD+ policies, programmes, and projects around the world results, in part, from increased awareness and concern over the adverse social implications of first-generation climate mitigation mechanisms, most notably the CDM and voluntary forest carbon offset projects carried out in developing countries. REDD+ has also served as one of the first domains in transnational climate law and policy in which public and private actors have had to grapple with the need to abide by the emerging set of human rights principles, obligations, and standards that are redefining the field of natural resource management and conservation. This chapter discusses how the human rights both of Indigenous Peoples and forest-dependent communities have been addressed within the complex legal framework for REDD+. Adopting a legal pluralist perspective that sees law existing in and through multiple sites and forms that extend beyond those associated with the authority of sovereign states,4 I conceive of REDD+ as being governed by a complex and heterogeneous array of sites of international and transnational law.
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