The Architecture for REDD+ Transactions’ (ART) approval of Guyana’s carbon credits has set a dangerous precedent in the business as it overlooked the history of human rights violations occurring in the country, says the Amerindian Peoples Association (APA).
According to the Indigenous rights organization, the carbon crediting process has violated the free, prior, and informed consent of Indigenous Peoples in Guyana.
“Having worked with several communities throughout Guyana, we were aware of their observations and concerns about various proposals and commitments that Guyana had made under the Low Carbon Development Strategy (LCDS) 2030 draft and raised these at the meetings of the Multi-Stakeholder Steering Committee,” the APA said in a statement yesterday.
“Some observation that the leaders made were that no one consulted them on whether the communities were in favour of their lands and forests being included in carbon trading. No one had consulted them on whether 15% revenue from any carbon sale is what they agree to; no consultation was done on the mechanics of where funding goes and who has access and oversight of these funds, if the communities, may, in the end, agree to this transaction,” the statement further said.
According to the APA, they submitted concerns and recommendations to the government as well as the ART Secretariat, including that Guyana designed and developed its proposal during the COVID-19 pandemic when there was a nationwide restriction on travel and large gatherings. “The decision-making forums of the communities were also restricted under the national system,” the APA noted.
However, the responses they received were “vague” and basically disregarded their concern. During the verification process, the APA provided the ART Secretariat with information on the Government’s failure to comply with its standard such as its disregard for the full and effective participation of indigenous peoples, respect for FPIC, and consistency with the objectives of international conventions and agreements.
“Sadly though, the Government of Guyana and the ART Secretariat in their press release announcing the credits stated that the National Toshaos Council is the “legal representative” of Indigenous Peoples and Guyana and endorsed the sale of credits. While the NTC, as a body comprised of all Toshaos in Guyana must represent the interests of our communities at a national level, the APA maintains that the Amerindian Act identifies the Village Councils as the only decision-making body for indigenous communities. That the ART Secretariat and the independent verifiers of the carbon credits (a US company called Aster Global) can simply dismiss this evidence as not relevant or the views of one NGO, points to a failed system of social and environmental safeguards and associated auditing,” the statement further said.
According to the APA, it also shared with the Art Secretariat that UN treaty bodies and the Inter-American Commission on Human Rights have consistently expressed concern about ongoing violations of indigenous peoples’ rights in Guyana.
Updated version
In addition, the Indigenous rights organization also said communities have requested an updated version of the LCDS 2030 document so that they can see how their concerns and recommendation were addressed or incorporated into the document. The APA noted that they were told that by several communities that the “consultations” in relation to the LCDs were rushed and needed more time to understand what was being proposed in the document. However, this did not happen.
“It must be reiterated that the Government submitted its proposal to ART for the approval of carbon credits without the knowledge and consent of Guyana’s indigenous peoples – even though the credits include those generated from forests on indigenous peoples’ titled and untitled lands. The proposal also includes an opaque benefit-sharing mechanism that had not been developed in consultation with indigenous peoples,” the APA stressed.
Based on the organisation’s interaction with the ART Secretariat, the APA noted that NTC approval was determinative in the approval process for those credits, and was used by ART as evidence that Guyana has met the requirements of TREES for the full and effective participation of indigenous peoples and their free prior and informed consent to the deal.
The APA has also expressed concern over the fact that the Government sold carbon credits to an oil company mere hours after ART certified the credits.
“The fact that the Government has immediately sold them to an oil company, and seemingly has more deals with oil companies in the pipeline, raises significant concerns about the environmental integrity of the credits,” said the statement.
Although the government must be acknowledged for committing 15% of the carbon credits revenue to indigenous peoples, the APA said, questions remain about precisely how those benefits will be distributed and any conditions that may be attached when receiving it, adding that it has not been made clear how indigenous communities who have critical land rights issues still to be addressed will be dealt with.
“There needs to be a mechanism, if villages so decide, on individual land use or collective use of our titled and untitled customary and traditional lands (territories and resources,” the statement said while noting that there is no law in Guyana about carbon ownership right there and even though there is recognition of Village lands as ‘titled lands’ there is still a need for the reform of legislation to ensure that Indigenous Peoples.
“The process of issuing and selling these credits has already violated our communities’ rights to effective participation and FPIC; it is unclear how they might further harm indigenous peoples’ rights, including rights to lands and territories. This will – as it should – no doubt undermine international confidence in the TREES standard, particularly among indigenous peoples,” said the statement.
“The fact that there is no grievance mechanism whatsoever under the ART/TREES process is further evidence that it is well below international best practice and is doing a disservice to carbon crediting processes and the establishment of just climate processes. This deal has created a dangerous precedent, for Guyana and the world. We call on the Government, the NTC and the ART Secretariat to acknowledge the flaws in this process and to commit to genuinely respecting the rights of our indigenous communities moving forward,” said the statement.
