Mato Grosso's Plan for Prevention and Control of Deforestation includes provisions to eliminate illegal deforestation and achieve substantial CO₂ emissions reductions, while generating forest conservation-related jobs associated, increasing the productivity of agricultural and forest commodities, and participating in international climate change initiatives.
These laws define the legal framework for climate change policies by economic sector and determine mechanisms for civil society participation in the policy process. Mato Grosso is developing a REDD+ strategy through its Forum on Climate Change and already has existing laws and policies that guide forest and land use decision-making in the state.
In 2008 Mato Grosso created a state commission on ecological and economic zoning through decree nº 1.139. Mato Grosso's ZEE was updated in 2011 and formalized through state law nº 9.523, however it was suspended by court order in 2012. Members of the State Ecological Socioeconomic Zoning Commission, which includes SEMA and SEPLAN, are now coordinating to update and redraft the plan, which must be complete by 2017 according to federal law.
The Rural Environmental Land Registry (CAR) is a federally-mandated, satellite-based land registry system for rural properties which is required for environmental licensing, monitoring and enforcement. Mato Grosso outlines guidelines for CAR in PORTARIA Nº 441-9/23/2014 and has launched its CAR online at http://www.sema.mt.gov.br/car#/
The Mato Grosso REDD+ strategy is currently being developed within the Mato Grosso Forum on Climate Change, within a special Working Group on REDD+ created specifically for establishing the basis for the implementation and consolidation of a legal framework for REDD+ in the State.
In 2013 Mato Grosso passed its State REDD+ Law through Law 9.878/2013. The legislation established the jurisdictional REDD+ System following 3 years of work involving public participation and multisectoral dialogue. The law anticipates the participation of different social groups in REDD+ activities, ensuring that the programs and projects will adequately attend to the needs of these groups, as well as facilitate the fair distribution of benefits. The law allows for the participation of civil society through advisory councils in all phases of its implementation, from structuring and approving programs and defining criteria for the presentation of projects, to the allocation of REDD+ units. It also facilitates the integration of the state REDD+ system within a future national system.
The government expects to implement a statewide REDD+ system that aims to promote the progressive, consistent and permanent reduction of emissions of greenhouse gases from deforestation and forest degradation, as well as conservation, sustainable forest management and enhancement of carbon stocks, aimed at reaching the targets defined by the PPCDQ/MT. The specific goals are to:
I – provide support to REDD+ programs and projects, by identifying the drivers of deforestation and forest degradation and the factors that contribute to containing these drivers;
II – create financial and economic instruments and establish rules and procedures that allow and regulate the development and performance of REDD+ programs and projects within the State of Mato Grosso, guaranteeing consistency with relevant state policies, fulfillment of applicable technical and social-environmental requirements, and the permanence and effectiveness of emissions reductions, as well as taking into account the possibility of leakage
III – establish governance structures to manage and monitor REDD+ programs and projects within the State’s territory in a participatory and transparent manner
IV – establish instruments and methods to measure and monitor carbon stocks present within different vegetation formations in the State, be they preserved or degraded, as well as to assess and value the environmental services associated with their conservation or enhancement
V – establish systems for monitoring, verifying and reporting carbon emissions from deforestation and forest degradation and a unified registry for accounting for reductions of such emissions, thus assuring transparency, credibility, comparability, coherence and traceability.
The guidelines of the proposed system are to:
I – Treat the structural causes of deforestation and forest degradation in an effective and sustainable manner;
II – Promote conservation and restoration of natural ecosystems as well as the valuation of their services
III – Promote the recovery of degraded areas
IV – Promote the rational and sustainable use of areas already affected by human activities
V – Promote regional social-economic development as well as improvement of livelihoods of local populations, including indigenous peoples and traditional populations
VI – Assure the coherence of goals, rules, methodologies and REDD+ actions among the international, national, state, municipal and project-level initiatives
VII – Assure monitoring and transparency of information on emissions from deforestation and forest degradation and on the actions aimed at reducing them.
Parallel to the state REDD+ framework, Mato Grosso has developed the Produce, Conserve, Include (PCI) initiative, driven by a multoistakeholder committe (Decreto nº 468), which aims to restore 2.9 million hectares of vegetation, reduce deforestation by 90% and increase agricultural productivity while including smallholders and indigenous peoples.
Law 233 of 21/12/2005 - Establishes the State Policy on Forestry of the State of Mato Grosso. This Policy aims at ensuring the protection of wild flora in the territory of Mato Grosso and allowing forestry sustainability, promoting practices that contribute to the socio-economic development of the State, to improve environmental quality and ecological balance, through the following principles: I - conservation of natural resources; II - preservation of the biomes and their functions; III - maintenance of biological diversity; IV - regional socioeconomic development.
Law 343 12/24/2008 - creates the Mato Grosso Rural Environmental Programme - MT LEGAL. In addition, it regulates licensing procedures for the Environmental of Rural Properties, with the objective to promote the regularization of rural properties, related ownerships and their inclusion in the Rural Environmental Registration System and/or Environmental Licensing of Rural Properties - SLAPR.
Law 9.878/2013 - establishes state REDD+ system including institutional arrangements and regulations for forest carbon
Decree 2152 of 12/02/2014 - regulates Forestry Sustainable Timber Management Plans in the State of Mato Grosso
Decree 2698 of 30/12/2014 - establishes the priority areas within the State for legal reserve compensation purposes.
Decree 230 of 18/08/2015 - requires registration in the Rural Environmental Registry (CAR) for agricultural and livestock activities
Decree 351 of 04/12/2015 - delegates a number of responsibilities to the Secretariat of State for the Environment (SEMA) including - formulate and implement environmental policies; promote conservation; formulate policies to contribute to climate change mitigation; control exploitation activities for mineral, water, forestry and wildlife resources; environmental licensing of activities using environmental resources,out technical studies that support the planning activities adopting measures for conservation and preservation of environmental resources and establishing operating criteria
Decree 239 of 3/9/2015 - Amends the development plan for Mato Grosso and promotes the implementation of measures to ensure economic viability for companies established in the State and contributes to the simplification of administrative and legal procedures.
Target population and rights recognition
Social groups reached by the REDD Program and number of people directly benefited
The REDD+ program is still under development, but the intent is to involve all local stakeholders in the program.
Procedures undertaken by proponent and evidence that REDD Program acknowledges the rights and role of indigenous peoples and local communities
Under the proposed Mato Grosso state system for REDD+, the following principles are put forward:
- Assurance of fair and equitable sharing of benefits
- Respect for the rights of indigenous peoples and traditional and extractivist communities which inhabit areas influenced by REDD+ actions
- Free, prior and informed consent from all participants in REDD+ actions
Needs identified for rights recognition improvement
Property rights with respect to carbon in indigenous and quilombola (maroon) lands need to be defined at the federal level.
Land/forest tenure administration in relation to REDD
The State of Mato Grosso does not have public lands without specificownership, as is the case in other Amazonian States. Therefore, any lands which are not designated as public protected areas or as indigenous lands are private lands.
Legal support and protection of forest tenure
• Private property: right to use the forest in accordance with environmental legislation;
• Indigenous lands: property of the federal government; indigenous communities have the right to use the forest in accordance with environmental legislation;
• Extractive reserve: State property; communities living within have the right to use the forest in accordance with conditions set out in legislation specific to these reserves as well as other environmental legislation; Clear responsibilities, capacity and authority for forest tenure administration
• Private property: the right of property is clear, bearing in mind that the property must fulfill its social-environmental function and the use of the forest resources must be duly authorized by SEMA/MT in accordance with environmental law;
• Indigenous lands: environmental licensing and monitoring is performed by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources);
Actions planned or developed by governments to resolve land tenure issues within REDD priority areas
The System for Environmental Licensing of Rural Properties (SLAPR), created in 1999, brings together environmental licensing, enforcement and monitoring associated to a georeferenced database of each property. The SLAPR facilitates identification of land tenure problems and contributes to an integrated effort on the part of several state agencies to resolve land tenure issues. The Government created the Extraordinary Secretariat for Environmental and Land Tenure Policies, with the aim of integrating environmental licensing and land tenure clarification on rural properties in the State of Mato Grosso.
Relationship between land tenure resolution and REDD objectives and actions
Currently, approximately 30% of Mato Grosso’s rural properties have proper environmental licensing or are in the process of being licensed. The area comprised by the licensed properties totals 700,000 km². Among these properties, some have clear land titles and others have no formal title, but are occupied without challenge. Indigenous Territories and state and federal protected areas—which also have the potential for REDD activities—are not included in this total area. The implementation of a REDD program may catalyze the land tenure regulation process within the State.
Conflict resolution measures in place - Conflicts are resolved within the Judicial system.
An assessment of the land tenure situation in the State needs to be carried out, given the uncertainty regarding land tenure in some areas of the State due to conflicting land claims, illegal occupation, and flaws in the land registry system.
Transparency & Participation
Participation and Transparency mechanisms
What actions have been taken to guarantee free, prior and informed consent?
The program is under development.
Briefly describe mechanisms for consultation and continuous participation
Broad engagement of REDD program target groups is planned through a consultation process (under development by the Mato Grosso Forum for Climate Change) that engages different sectors in a dialogue.
Information on transparency of REDD program
Program currently being designed by the Forum for Climate Change, specifically by the REDD+ Working Group. The goal of this working group is to design the basis for a legal framework for implementing REDD in Mato Grosso. Currently SEMA is undertaking a review process of its website, where all information will be made available to the public, including regarding the REDD program development process.
Needs identified for improvement in participation and transparency
• Methodologies for engaging the different sectors in the consultation process
• Launch of the new SEMA website (currently under development) to publicize information and reports of the Forum and its working groups.
Benefit sharing mechanisms
Describe the broad picture of how REDD program addresses social and economic well-being of forest dependent communities, including poverty reduction and equitable benefit sharing - Program being designed.
Description of the PES or benefit sharing mechanisms currently in place or planned - Program being designed.
Describe evidence for participation of stakeholders in the development of the mechanisms - Program being designed.
Studies are needed in order to better understand how a system for fair sharing of REDD benefits should be structured, bearing in mind that many different social groups would have to be contemplated. Such studies must provide guidance for the definition of strategies which take into account both carbon stocks and flow.