The Green Climate Fund and The Indigenous Peoples of Peru

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

THE GREEN CLIMATE FUND


AND
THE INDIGENOUS PEOPLES OF
PERU

1
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Series: Investigation / 11

THE GREEN CLIMATE FUND AND


THE INDIGENOUS PEOPLES OF PERU

© CHIRAPAQ Centre for Indigenous Cultures of Peru


(CHIRAPAQ Centro de Culturas Indígenas del Perú)
Av. Horacio Urteaga 534, Oficina 203, Jesús María, Lima 11 - Peru
Telefax: (0051) (1) 423-2757
E-mail: [email protected]
Web page: www.chirapaq.org.pe

General coordination: Tarcila Rivera Zea


Production: Marco Ramírez Colombier
Editing and publishing: CHIRAPAQ team
Design and illustrations: Indigenous Communications Programme

Cover picture: Yanesha woman from the Central Jungle


Photographs inside the book: CHIRAPAQ

Published by: CHIRAPAQ Centre for Indigenous Cultures of Peru


Av. Horacio Urteaga 534, Oficina 203, Jesús María, Lima 11 - Peru

First edition
Lima, June 2017
Print run: 1000 copies

Hecho el Depósito Legal en la Biblioteca Nacional del Perú Nº 2017-11447

ISBN: 978-9972-679-89-6

It finished printing in June 2017 at: SINCO DISEÑO E.I.R.L


Jr. Huaraz 449, Breña / Cel: 99803-7046
[email protected]

This publication was made possible thanks to support from,


TEBTEBBA and OAK FOUNDATION

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

CONTENTS

PREFACE 5
INTRODUCTION 9

THE STATE, CLIMATE AND INDIGENOUS PEOPLES


I. Institutionalism of climate and indigenous peoples in Peru 15
Environmental institutionalism in the Peruvian state 16
‘Administration’ of indigenous affairs 19
Climate, territory and indigenous participation
with multi-sector approaches 21
II. Institutionalism of the Green Climate Fund 23
Appointed National Authority and national policies
on the Green Climate Fund 23
PROFONANPE as the accredited body 27

AGENCY AND PROPOSAL OF THE INDIGENOUS MOVEMENT


III. Structures of citizenship and participation 31
Indigenous organizations in Peru 31
Experience of governance from the indigenous peoples’ viewpoint 33
Participation in the Green Fund 35
IV. Development of strategies by the indigenous movement in Peru 37
Political context 37
Recommendations 39

CONCLUSIONS 43
SOURCES 47
ABBREVIATIONS AND ACRONYMS 55
APPENDIX 59

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

PREFACE

The Green Climate Fund is currently one of the most important mechanisms
for addressing the effects of climate change caused by global warming, which
distorts climatic cycles and, as a result, affects the life on our planet.
Since the first World Climate Conference held in 1979 in Geneva, and up
to now, the efforts to mitigate the effects of climate change and to draw up
adaptation strategies to enable life to be sustainable, have taken the shape of
different initiatives centred mainly on the forests, large parts of which are located
within indigenous territories.
In accordance with its nature and objectives, the Green Climate Fund is an
initiative aimed at putting into practice large-scale projects —funded by states at
world level— which involve or have an impact on large geographical areas where
states provide a suitable juridical framework that guarantees respect for rights
and sustainable development.
These expectations and the need for suitable management of resources
mean that the standards which must be met in order to access the funds imply
logistical and financial-management capacities that are hard to find among the
strengths of indigenous organizations. Many states adopt these standards within
a business-management logic rather than as opportunities for the development
of skills, the strengthening of base organizations’ administrative and financial-
management capacities, and the development, especially intercultural, of
citizens; this implies shared responsibility as a consequence of the design and
joint management of initiatives and proposals.
Regarding the experiences of different management processes for climate
and territory carried out within the context of the United Nations Framework
Convention on Climate Change (UNFCCC) adopted in 1992, and among which
the most outstanding are the initiatives for the reduction of greenhouse gas
emissions caused by deforestation and degradation of forests, and for maintaining
and increasing the capture of carbon dioxide —known as REDD and REDD+
respectively— we indigenous peoples have been advocating to be considered by
the Green Climate Fund as leaders and implementers of initiatives that, on the
basis of our approach to territorial management and a relationship with nature,
may serve to strengthen our life systems and thereby favouring the conservation,
permanence and increase of the forests.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Our demand for participation in our own right within the Green Climate
Fund is based on the right to participate in the interventions and initiatives
which take place within our living spaces or territory and the acknowledgement
of the international community of our contributions to the sustainability of the
forests and thereby of the climate. This recognition expressed at the recent
Conference of the Parties to the UNFCCC held in Paris, also known as COP 21, adds
to the considerable body of academic evidence for the contribution of indigenous
knowledge to the battle against climate change.
This recognition is not obtained effortlessly. It is the fruit of approximately
30 years of advocacy at international level, demanding our rights as a
fundamental condition for the continuance of our living systems and, with them,
the conservation of ecosystems, the increase of the biological reserve, and the
productive diversification of plants and animals which, when suitably managed
and promoted, may provide the solution to the problem of hunger in the world.
In this sense, the indigenous peoples are not responsible for climate change
or the development of economies which plunder the natural environment. Hence
the large forest reserves and ecosystems —which help maintain the precarious
climatic balance of our planet— are located in our territories.
In other parts of the planet, the world’s large economies are to be found,
with the prevailing industrial model that demands huge quantities of natural
resources to maintain its pace of production. Countries such as China and India
are at the stage of full development and expansion of their industries, pouring
greenhouse gases into the atmosphere and leaving in their wake industrial cities
that succumb to atmospheric pollution and poisoned rivers to which life will not
return for hundreds of years.
In the context of such a panorama, the decision of the current government
of the United States of America to ignore climate change as a phenomenon and as
a problem, with the resulting withdrawal of its contributions to funds for tackling
it, and to destine these resources to financing the expansion of industry and the
exploitation of petroleum, escapes all the logic of sustainability of the planet and
focuses only on short-term, egocentric goals.
Within this scenario, the Green Climate Fund presents a series of challenges
for the indigenous organizations. First, the system should acknowledge us as
actors with full rights to develop our own initiatives; we have therefore made
it clear at the different COPs that there is a need for a special fund to implement
initiatives at the level of indigenous organizations. This resulted in an instrument
which is now being developed for the regulation of such participation.
The second challenge is to develop our skills with regard to both logistics
and the building of alliances in order to undertake large-scale projects within a
process that initially provides funding for implementing small-scale initiatives,
with a view to advancing subsequently to larger geographical areas.
Thirdly, there must be advocacy to broaden the scope of the action zones
to which the Green Climate Fund may be applied, as it privileges the tropical
forests almost exclusively, so as to include different kinds of natural areas; such is

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

the case of our Andean zone, where other aspects of climate management apply,
as in the case of water resources, indigenous knowledge for preparing territories
and applying traditional technology to the production of foodstuffs in extreme
climates.
The Andes comprise a complex system of ecological areas that are closely
interrelated, where the highlands have suffered a serious impact from Western
colonization, with a drastic geographical transformation and changes to the
ecosystems to the point that the original forests in this part of the Andes are
virtually unknown. ¿Are these ecosystems unimportant to climatic balance?
The recovery of the indigenous geography is a recent process, with the
reintroduction of native animal and plant species in order to reconstruct the
original ecosystems. These operations also require enormous effort and backing
which are not taken into account by initiatives such as the Green Climate Fund;
nevertheless, viewed collectively as part of the indigenous knowledge regarding
climate management, they constitute an important source of proposals, which
spread into other areas and issues such as nutrition, governance and health.
With these ideas and proposals in mind, in our country we undertook the
investigation which today is documented in this publication entitled THE GREEN
CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU in order to establish the levels
of the indigenous organizations’ participation in our country’s policies on climate,
the degree of information available to the indigenous organizations and leaders
regarding this topic, their level of involvement, and their proposals.
This initiative is a part of our process of joint advocacy through the
Indigenous Peoples’ Global Partnership on Climate Change, Forests and Sustainable
Development, a global network of organizations, where the Indigenous Peoples’
International Centre for Policy Research and Education - TEBTEBBA and CHIRAPAQ,
participate in the different COPs and activities related to climate.
We share the findings of this study as a proposal for the start of advocacy
action that contributes to the institutionalism of indigenous participation in the
sphere of design and implementation of public proposals and policies. Among
these, the Green Climate Fund presents the possibility for building a bigger and
better articulation between the state and the indigenous peoples.

Tarcila Rivera Zea


President
CHIRAPAQ Centre for Indigenous Cultures of Peru
International Indigenous Women’s Forum

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

INTRODUCTION

Approaches to the Green Climate Fund


The recent worldwide climate negotiations view the Green Climate Fund
(GCF) as the main future mechanism for funding actions to combat the effects of
climate change1 within the structure of the United Nations Framework Convention
on Climate Change (UNFCCC). The GCF is financed mainly by contributions from
the developed countries and assigns its funding through accredited bodies
(AB) in the public and private sectors, whose projects must be approved by the
Designated National Authority (DNA) of the country where they are located.2 The
funds gathered by the GCF shall be invested in mitigation and adaptation activities
in equal parts. At least 50% of the funds for adaptation are to be assigned to
countries classified as most vulnerable: developing countries, emerging states,
islands and countries with climatic susceptibility. Up until May 2017, funding from
the GCF has been approved for 45 projects, representing a total of more than 166
billion USD.3
1 This centrality stems mainly from the condition of the GCF as the body responsible for operating the
financial mechanism of the United Nations Framework Convention on Climate Change (UNFCCC),
which makes it similar to the Global Environment Facility (GEF). In that sense, the GCF is in charge of
funding actions derived from the Paris Agreement (2015). The quantity of funding which it is hoped to
raise (100 billion US dollars annually up to 2020) is indicative of its political importance. Nevertheless,
up to May 2017, only 10,1 billion US dollars had been gathered - a large sum but a long way from the
declared target. Source: http://www.greenclimate.fund/partners/contributors/resources-mobilized
2 The participation of the private sector in the reception of funds from the GCF causes concerns
regarding local communities rights’ being affected and the fulfilment of transparency criteria,
especially after the accreditation of the Deutsche Bank and HSBC, who finance extractive projects for
fossil fuels, in conditions contrary to the aims of the Paris Agreement (AIDA 2016, King 2016)
3 Consult the list of approved projects in the GCF web page: http://www.greenclimate.fund/projects/
browse-projects

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Such a large initiative involves the indigenous peoples, whose lives and
rights are particularly affected by climate change, as they are linked closely to
vulnerable territories and ecosystems (forests, highlands, coastal zones, arctic
zones). This situation is aggravated owing to political and social inequalities, such
as the precarious judicial security of their communities, which lead to a lack of
protection of collective rights and territorial insecurity, such as the large-scale
interventions by extractive industries promoted by the neo-liberal policies of the
Washington Consensus, and which have been applied in Peru since the 1990s. In
this scenario, the environmental and climatic agenda of the indigenous peoples
is based on the assertion that the peoples that have occupied the vulnerable
territories since ancient times are the central actors for their conservation. In
that sense, the indigenous peoples advocate an approach to climate-related
actions which takes into account their rights, collective territories, participatory
governance and the incorporation of traditional, inherited indigenous knowledge.

The indigenous peoples and the rights-based approach in the GCF


The approach based on collective and individual rights, which is proposed
by the indigenous environmental agenda, was included in the Paris Agreement
as a result of the COP 21,4 and is incorporated within international climate
endeavours. Case studies by Johl & Lador (2012) have shown that the mechanisms
for climate-related financing implement the rights-based approach through social
and environmental safeguards destined to guarantee that projects do not have
a negative human impact; that there are policies of transparency and rendering
accounts; and channels for grievances in the case of local populations who are
victims of the violation of their rights.5
While this approach has been consolidated as a fundamental component
of the new conservation paradigm, the United Nations Special Rapporteurship
for Indigenous Peoples’ Issues, in its latest report on the topic, has found cases
of ‘green’ initiatives on the protection of forests in Kenya and the countries in
the Congo-River basin that have caused the forced displacement of indigenous
peoples; similarly, in Nepal there have been cases of maltreatment, arbitrary arrest
and sexual violence against indigenous women who inhabit the Chitwan national
park, by the security officials of the protected area (Tauli-Corpuz 2016). The report
shows negative effects on the indigenous peoples’ individual and collective rights
caused by the ecosystem-protection policies of 12 countries in America, Asia
and Africa (Tauli-Corpuz 2016). The United Nations Special Rapporteurship for
Indigenous Peoples’ Issues maintains that the non-governmental organizations

4 Quote from the Paris Agreement, page 1: ‘Acknowledging that climate change is a problem affecting
the entire human race and that, on adopting measures to deal with it, the Parties must respect,
promote and take into account their respective obligations concerning human rights, the right
to health, the rights of indigenous peoples, local communities, migrants, children, people with
disabilities and those people in vulnerable situations and the right to development, as well as gender
equality, empowerment of women and intergenerational equity.’ (UNFCCC 2015).
5 The mechanisms analysed in the cited study were: GEF, REDD and CDM (Clean Development
Mechanism).

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

that promote conservation should use their position before the national
governments to guarantee the exercise of the indigenous peoples’ rights.
The Indigenous Peoples’ Global Partnership on Climate Change, Forests
and Sustainable Development, together with several territorial indigenous
organizations and allied NGOs, endeavour to advocate through communications
and statements before the board of the Green Climate Fund with the aim of
creating safeguards and other instruments required to avoid these violations
of rights. These organizations have given warnings, in global spaces such as
the International Indigenous Peoples’ Forum on Climate Change, about the
weaknesses in the GCF’s means for protecting collective rights: mainly that the
GCF still does not have a policy regarding indigenous peoples.6
At the present time, the GCF uses the social, cultural and environmental
safeguards of the International Finance Corporation (IFC) which is a member of
the World Bank Group.7 As Johl and Lador (2012) point out, the climate initiatives
have opted to support decisions on an economics-based logic; a move in the
direction of a rights-based approach would guarantee consideration of the human
impact of institutions, policies and means of financing climate-related activities, in
accordance with the parameters set out by the United Nations High Commission
on Human Rights (OHCHR 2016). The indigenous peoples point out that the social
and environmental safeguards of the GCF should meet the highest international
standards of the ILO Indigenous and Tribal Peoples Convention nº 169 and the
United Nations Universal Declaration on the Rights of Indigenous Peoples (FPP &
JOAS 2012, TEBTEBBA & FPP 2015b).
At its fifteenth meeting, the GCF board requested the secretariat to draw
up a policy for indigenous peoples8 which would be reviewed at the seventeenth
GCF meeting in July 2017 (GCF 2016). At the close of this study, the tender has been
issued for a consultant to draw up the policy on indigenous peoples.9 It is expected
that the approval process for the policy will include a call for opinions from the
different actors of interest, among them the indigenous peoples’ organizations.
Peru has had important participation in the GCF process, occupying the
co-presidency of the board during 2015 in representation of the developing
countries. Furthermore, the COP 20 agreement reached in Lima led to a funding
agreement for 10200 million soles for the Green Fund. Peru had the first project
supported by the fund: Building the resilience of the wetlands of Dátem del
6 Consult the bibliographical references in section C: Communications between the GCF and the
indigenous movement.
7 An analysis of the safeguards of the IFC regarding the rights of indigenous peoples may be found
in the Halifax Initiative Coalition (2006). Misgivings about the implementation of the IFC safeguards
for indigenous peoples of the IFC may be found in Forest Peoples Programme (2007) and the
pronouncement of social organizations of Honduras (2014) obtained from: http://www.forestpeoples.
org/sites/fpp/files/publication/2014/01/cso-statement-cao-investigation-ifc-dinant-investment4.pdf
Experience with the IFC in Peru is not positive because this entity has financed extractive projects that
have had negative effects on the territories (Hinojosa y Livise, 2015).
8 The mandate to generate policies to promote the contributions and participation of the actors of
interest in the GCF is to be found in Article 71 of its instrument of government.
9 The terms of reference of the tender can be consulted here: https://www.impactpool.org/jobs/267457

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Marañón Province, directed by the Promotion Fund for Protected Natural Areas
of Peru (PROFONANPE) a privately-run institution.
This study is part of an international investigation promoted by the
Indigenous Peoples’ Global Partnership on Climate Change, Forests and Sustainable
Development, regarding the situation of the indigenous peoples vis-à-vis the
Green Fund. Its aims are to identify the existing programmes and policies of the
Peruvian government with reference to climate-related funding and to establish
the degree and type of participation of the indigenous peoples in them, as well
as to characterize the degree of information management and articulation of the
indigenous organizations in the state policies regarding the Green Climate Fund,
giving especial attention to the participation of indigenous women and youth.
In order to do this, a round of meetings has taken place with leaders of
indigenous organizations and civil society; GCF documents, Peruvian government
documents, climate-project accounts and reports and other items of public
information have been examined; workshops were held with indigenous
leaders of national and regional organizations on the proposal of strategies for
participation in the GCF, and a public forum was organized with the participation
of indigenous leaders, representatives of accredited bodies, and specialists in
funding for climate-related activities.
The results of the study are presented in two chapters: the first deals
with the approach of the Peruvian government to climate change and the
gradual involvement of the indigenous peoples in this process. Recognition
can be discerned, albeit incomplete, of the indigenous political agency and
the persistence of a technocratic approach to funding for climate issues at the
initial stage of the adaptation of Peru to the GCF. The second chapter sets the
stage and examines possibilities for the participation of the indigenous peoples,
beginning with the workshops held in Lima and the examination of experience
in access to funding; this analysis concludes that the strength of a proposal for
the direct funding of indigenous peoples is linked to the exercise of collective
rights, the systematization of experiences with other sources of funding, and the
development of the technical and executive skills of the organizations.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

THE STATE, CLIMATE


AND INDIGENOUS
PEOPLES

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

I.
INSTITUTIONALISM
OF CLIMATE AND
INDIGENOUS PEOPLES
IN PERU

Peru possesses a great biological and ecological diversity, which is


customarily extolled in national addresses in favour of tourism and other economic
activities which need to show off the attractions of the country. However, since
the colonial founding of the country, Peru has been run by an élite group which has
seen the exploitation of rich natural resources as the way towards the idealized
destinations of progress and modernity.
Peruvian ecosystems have therefore been managed with an economics-
based logic: the government, usually unable to administrate the vast Peruvian
territory, has devoted its efforts to controlling those territories which provide
the raw materials necessary to generate wealth through exports. This logic has
prevailed since the colonial administration of the natural resources up to the
present-day extraction of petroleum and minerals by private companies.
In that process, the territorial rights of indigenous peoples have been
systematically violated because the places where the extraction of natural
resources takes place generally involve traditional indigenous homelands.
‘Relocation’ of agricultural populations close to mineral deposits in the Andes
is commonly carried out in exchange for economic compensation agreed with
the communities; or economic and cultural changes are imposed on populations
as they become a labour force for the extractive undertakings. From the decade
beginning in the year 2000, the indigenous populations, organized, with agendas
and strategies for the acknowledgement of their rights, have accentuated their
protests against these violations of their cultural, social and territorial integrity.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

In view of this, the official and hegemonic rhetoric usually appeals to the racist
disqualification of their agenda, alluding to them as ‘backward’ people or ‘enemies
of progress’.
In the 1990s, the neoliberal economic model was consolidated in Peru,
delegating public affairs such as territorial planning and responsibility for
the natural environment to the private sector, under policies of concessions
administered by ministries and technocratic institutions. In this way, in matters
related to the environment, the supremacy of the ‘technical’ pitch of Western
science and technology (considered to be objective, neutral, modern and
unquestionable) has been strengthened, postponing the intercultural dialogue
with the knowledge and practices of the indigenous peoples who have inhabited
the endangered territories from time immemorial.
Nevertheless, the increased presence of the indigenous peoples in
public debate, especially after the violent events that occurred in Bagua (June
2009)10 and the protests about water and territory,11 has led to the government’s
creating some spaces for dialogue and a greater acknowledgement of the agency
of indigenous peoples in environmental initiatives. It is common for leaders
of the organizations considered to have national representation of Andean
and Amazonian peoples to attend meetings for dialogue at ministries such as
Environment and Culture. Taking this into consideration, in this section we shall
give an account of the government environmental institutionalism in Peru, ways
in which indigenous peoples are included in or excluded from governmental
decisions, and the ways in which climate change is addressed with a transversal
and multi-sectorial approach. This information is necessary in order to give a
framework to the process of the Green Climate Fund from the viewpoint of Peru
and the indigenous peoples.

ENVIRONMENTAL INSTITUTIONALISM IN THE PERUVIAN STATE


The Peruvian government has at its disposal a set of legal instruments for
environmental management and policies which recognize the Peruvian territory as
particularly sensitive to the effects of climate change. However, its environmental
institutionalism is still under construction since the Ministry of the Environment
is a young institution (created in 2008 under Legislative Decree nº 1013); likewise,
it is pending the mainstreaming of actions for adaptation to and mitigation of the
effects of climate change. We shall examine below the main institutional standards
10 Confrontation in which 43 people were killed and one missing after a strike by the Awajún and Wampís
indigenous peoples in protest against the legislative decrees which threatened their territorial
integrity in the province of Bagua, Amazonas Region (northern Amazonia). Detailed accounts of this
event are to be found in the minority report submitted by a special commission of the Peruvian
Congress (Congreso de la República 2010) and in the documentary La Espera (2014).
11 Opposition to the Conga mining project in Celendín, Cajamarca (from 2012 onwards) and the Espinar
mining conflict (since the 1990s) are landmark cases in which the limitations of the social responsibility
programmes of the concessionary firms can been seen. Extractive projects and the damage to water
sources and territory are the main reasons for conflict in Peru. 139 out of 204 conflicts recorded as
ongoing in March 2017 (68.1%) have socio-environmental causes. (Defensoría del Pueblo 2017).

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

currently in force with regard to the natural environment; their chronological


order will throw light on the progressive inclusion of indigenous rights in the
institutional structure of the state.
We can trace the presence of the indigenous peoples in the environmental-
management instruments back to the year 1997, with Law nº 26821 - the Organic
Law for the Exploitation of Sustainable Natural Resources, which cites the
native and rural communities as preferential users of the resources within their
territories. In this period, a logic of exploitation would be prioritized rather than
one of care, and different ways of exploiting resources by the indigenous peoples
are not considered; neither is territorial regulation which considers the collective
rights of the indigenous peoples to that territory.

General Law of the Environment


The General Law of the Environment, Law nº 28611 enacted in 2005,
incorporates some of the rights of indigenous peoples, such as the conservation
of cultural patterns, knowledge and lifestyles. The text of the law states that
environmental initiatives must consider traditional knowledge, safeguards, the
criterion of sustainable exploitation, participation of the indigenous peoples
based on consulting,12 and the generation of agreements. 13

Creation of the Ministry of the Environment


Environmental institutionalism in Peru began an important period of
expansion when the Ministry of the Environment (MINAM) was created in 2008, with
two vice-ministries. The Ministry of the Environment is attached to the National
System for Environmental Management and the System for Environmental
Evaluation and Control, strengthened within the Body for Environmental
Evaluation and Control. The structure of the Ministry of the Environment has at its
disposal the Directorate General for Climate Change and Desertification.14 In 2009,
the Ministry of the Environment drew up the National Policy on the Environment,
in which the intrinsic rights and traditional knowledge of the indigenous peoples
are acknowledged as a condition to undertake the processes of adaptation and
mitigation.

National Commission on Climate Change


In 2013 the Ministry of the Environment modified the composition of
12 The law does not specify, however, what consulting process should be used, since at the time this law
was enacted, prior consulting had not been regulated. Neither does law n° 28611 stipulate a standard
procedure to meet this requirement.
13 See Articles 69, 70, 71 and 72 of law nº 28611, which acknowledge the cultural rights associated with
the environment, the safeguards for the constitutional rights of peoples and communities, collective
indigenous knowledge and the cultural, social and economic integrity of their societies.
14 Formerly the Directorate General for Climate Change, Desertification and Water resources; the
change was made through the ROF of 2017.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

the National Commission on Climate Change (created in 1993) and increased


to 35 members,15 the majority of which were representatives of ministries and
autonomous government bodies. This reconfiguration of the National Commission
on Climate Change assigned a seat to the non-governmental organizations
(currently occupied by the Citizens’ Movement against Climate Change (MOCICC))
and a seat for the indigenous organizations (currently represented by the
Interethnic Association for Development of the Peruvian Jungle (AIDESEP)).
This commission is responsible for checking and validating national policies on
climate change and supervising the fulfilment of the binding international UNFCCC
agreements.

Reforms that weaken environmental control


En el 2014 A series of measures was taken in 2014 in the environment sector
in order to facilitate the application of investment projects and thus ‘revitalize
the economy’ whose growth rate had declined. Monitoring agencies within the
civil society called then ‘environmental packages’ and warned that such measures
restrict the controlling capacity of the Ministry of the Environment, especially
of the OEFA (Body for Environmental Evaluation and Control); furthermore,
they annul the participatory nature of the processes for regulating territory and
ecological-economic zoning. In this new legal-institutional context, measures to
safeguard the territorial rights of the indigenous peoples are not considered (Red
Muqui 2015).

Committee for scientific studies of climate change


In 2014 a committee for scientific studies of climate change was set up with
the aim of providing technical assistance to the Ministry of the Environment in
the implementation of the UNFCCC agreements. This committee comprises only
functionaries of the different bodies of the Ministry of the Environment, without
the participation of the indigenous peoples or other actors of interest.

National strategy against climate change


The updated national strategy against climate change was published in 2015,
and acknowledges extensively the vulnerable situation in which the indigenous
peoples find themselves. This update was made because the previous strategy,
drawn up in 2003, complied with only 12% of the proposed targets, such as the
national and international regulations on climate change, and advances have
been made in scientific knowledge on the subject (Ministry of the Environment
2014, p. 41). The document for the national strategy on climate change includes a
list of instruments for the management of the natural environment and climate,
and the ILO Convention nº 169 is listed in first place (Ministry of the Environment
2014, pp. 28-35).
15 Through the Supreme Decree nº 015-2013-MINAM.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

In its presentation, the national strategy against climate change (ENCC)


points out that its application
‘...should be carried out with suitable consideration for the country’s
environmental, economic, social and cultural context, and the
problems of poverty and social inequality. Particular care should be
taken with regard to the vulnerability of the poorest populations
and the ‘at risk’ groups such as the indigenous peoples and rural
populations in general; and a gender approach should be incorporated
in dealing with the effects of climate change’
(Ministry of the Environment 2015, p. 41).

Giving priority to adaptation


The Directorate of Climate Change, Desertification and Water Resources
of the Ministry of the Environment is in charge of carrying out adaptation
and mitigation projects for climate change. As options for intervention, this
directorate indicates adaptation to climate change, the mitigation of greenhouse-
gas emissions and sectorial articulation for putting into motion the Nationally
Determined Contributions, which are commitments to reduce greenhouse-gas
emissions that the country undertakes in the context of the UNFCCC.16
It can be seen that the Peruvian government places special emphasis on
adaptation projects. At the present time, work is being done to achieve a national
adaptation plan for which the National Commission on Climate Change (CNCC) is
to be responsible.

‘ADMINISTRATION’ OF INDIGENOUS AFFAIRS


The problem of integrating cultural diversity in the government initiatives
has been the subject of permanent discussion within the Peruvian government.
Peru acknowledges the rural communities (in the Andean zone) and native
communities (in Amazonia) as legal subjects, as well as the pluricultural and
multilingual nature of the nation. (1993 Constitution, Article 2, subsection 19).
In 1994 Peru ratified the ILO Convention nº 169; however, this had no effect
on governance, since for fifteen years public policies were approved in which
indigenous territories were ceded in concession to extractive industries without
any prior consulting processes.
From 2009 onwards, as a consequence of the ‘Baguazo’, attention is given
to prior consulting as a mechanism to avoid conflicts. The Law on Prior Consulting
was approved in 2011, and led to the discussion of who would be its legal subjects.
Traditionally, only the native communities of Amazonia were considered as
indigenous as it was believed that the rural communities of the Highlands and Coast
had lost their ethno-cultural distinction and had been ‘assimilated’ into the mestizo
16 Source: http://www.minam.gob.pe/cambioclimatico/nuestras-lineas-de-intervencion/ (Consulted: 11-
04-2017)

19
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

world. However, this is based on suppositions arising from previous government


policies and not on the subjective and objective indicators for the identification
of indigenous peoples as defined in the ILO Convention nº 169. A study carried
out by CHIRAPAQ (2005) concludes that within ethnically diverse communities,
‘mestizo’ or ‘peasant’ are identified with modernity and ‘the indigenous’ with pre-
modernity, in a pejorative sense. Those who assume indigenous identity to affirm
their status as legal subjects are the indigenous intellectuals and representatives
of organizations; but this discussion has never been held in the communities
themselves, and they are still unaware of the specific rights that correspond to
their ethnicity.
The process of regulation of the Law on Prior Consulting, which is the
responsibility of the Ministry Of Culture (created in 2010 with stewardship on
interculturality topics), took place amid a reconfiguration of indigenous political
subjects, with demands for participation and self-determination. The Andean
organizations, which formerly gave priority to the class denomination ‘peasant’,
would adhere to the indigenous platforms in matters of rights. The Ministry of
Culture’s data base on indigenous peoples would acknowledge the communities
of the Quechua and Aymara peoples (such as the Uros, Jaqaru and Cauqui) as
indigenous peoples. This process of acknowledgement was marked by an internal
political dispute between the Vice-minister for Interculturality and the government
sectors devoted to the promotion of private investment.17
These institutional and legal changes in environmental affairs and culture
contribute to widening the full participation of the indigenous peoples in
government initiatives on climate-change topics. However, the non-recognition
of the Andean peoples as indigenous has impeded their chances for participation.
It is thus that the majority of Amazonian local authorities and regional
governments have offices for indigenous affairs, often run by designated members
of local indigenous organizations, while such a setup is absent in the case of the
Andean peoples. In Amazonia, there have also been initiatives for communal
reserves whose governance is shared with the local communities and federations,
a model which has not been developed to any great degree in the Andes. This is of
special importance when it is realized that the Andean peoples are located in, and
relate to, territories whose ecosystems are extremely vulnerable to the effects
of climate change (glaciers, upper reaches of river basins, mountain woodlands).
In exercise of the right to prior consulting, 34 administrative and legislative
measures have been implemented; 12 of these directly affect the indigenous
communities of the Andes, while 18 are relevant to Amazonian indigenous
territories; 4 of them deal with national public policies. Of the 12 consultations in
the Andean zone, 11 deal with the concession of territories for mineral prospecting

17 A report on this can be found in Lanegra (2015), an article distributed before the complete publication
of the Data Base on Indigenous Peoples (BDPI), which included the Quechua peoples (Balbuena
2016). However, it should be made clear that the BDPI is a declaratory instrument, and does not
grant rights.

20
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

or exploitation.18 The isolated case of the Tres Cañones Regional Conservation


Area in the province of Espinar, Cuzco, is noteworthy for being the first occasion
on which, through this mechanism, Andean communities have worked jointly on
a conservation effort. 19

Working group in the MINAM


The Ministerial Resolution nº 203-2016-MINAM created a permanent sectorial
working group in charge of ‘proposing, applying and disseminating solutions to
environmental problems to provide an improvement in the quality of life for the
individuals and societies of the indigenous or aboriginal peoples, and to manage
technical cooperation and the development of projects of mutual interest, within
the scope of the powers of the Ministry of the Environment.’ This working group
comprises eight officials from MINAM bodies, including the two Vice-Ministers and
representatives of the seven national indigenous organizations.

CLIMATE, TERRITORY AND INDIGENOUS PARTICIPATION WITH


MULTI-SECTOR APPROACHES
The Ministry of Agriculture has a current National Agrarian Policy20 that
acknowledges the intercultural approach and the importance of the indigenous
peoples in the development of farming activities and the management of the
forests.21 However, in the text, the indigenous peoples appear a beneficiaries and
not as agents of change; their vulnerability is pointed out, but not their potential to
change the situation.
The MINAGRI is the state institution governing the issue of title deeds for
territories; its policies need to be updated to acknowledge the direct relation
between the award of title deeds to territories and environmental conservation,
a condition from which the projects generated by the indigenous peoples
originate.22 A recent empirical study has shown the positive effects of awarding
title deeds for territories on the conservation of forests in the Peruvian Amazonia.
It led to reduced deforestation and a strengthening of formal and informal
regulatory influence on the lands (Blackman et al. 2017).
The Policy on Water Resources, which is the responsibility of the

18 Data obtained from the web page of the Vice-minister for Interculturality via the link http://
consultaprevia.cultura.gob.pe/proceso/ (Consulted 17-04-2017).
19 The communities in Espinar Province have undertaken a process of self-recognition with regard to
the ancestral identity of the Quechua-speaking K’ana people. Having confirmed the recognition of
indigenous rights in the Andean zone, it is possible that other groups of communities might choose
the same path.
20 Approved through Supreme Decree nº 002-2016-MINAGRI
21 See points 4.2 (Territorial approach), 4.3 (Gender approach), 4.4 (Intercultural approach), 4.5
(Sustainable-development approach), 5.5 (Inclusion of indigenous knowledge in agricultural
innovation and investigation).
22 See: Experience of governance from the indigenous peoples’ viewpoint in this publication.

21
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

National Water Authority (ANA)23 recognizes the rights of the communities and
the traditional use of the water, as well as their being included in structures of
governance. However, effective participation is ‘little or none’, which gives rise
to permanent conflicts related to the lack of fair distribution of water resources
(Salazar and Rivera, 2013).
The national Water Authority is attached to the Ministry of Agriculture, and
governs the management of water resources in Peru. The scarce participation of
the National Water Authority in climate policies and initiatives is an important
deficiency because, in the agendas of the indigenous peoples, the security of the
territories and of the water sources are essential conditions for conservation.

23 Approved through Supreme Decree nº 006-2015-MINAGRI.

22
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

II.
INSTITUTIONALISM OF
THE GREEN CLIMATE
FUND

Peru has actively participated in the global process of the Green Climate
Fund; however, its institutional structures for a nationwide implementation are
still incomplete.
In looking at the policies for climate financing in Peru, we must take into
account that the public budget destined for the forests and climate change has
been increased constantly between the years 2012 and 2015. A report produced
by DAR shows that in 2015 it reached 443 million soles to the month of July (143
million USD) (Che Piu et al., 2016); nonetheless, as pointed out by Loyola (2015,
cited by Che Piu et al., 2016), the Ministry of the Environment and the regional
governments did not implement more than 50% of this budget in any year of
the period mentioned. The report also notes that in Peru 30 projects were
implemented for forest management or climate change, representing total
resources of more than 600 million USD. However, the projects ‘still have not
defined the funding mechanisms through which they will be implemented, or
they have failed to comply with all the internal requirements of investment and
public debt.’ (Che Piu et al., 2016, p. 29).

APPOINTED NATIONAL AUTHORITY AND NATIONAL POLICIES ON


THE GREEN CLIMATE FUND
In its summary reports for the government period 2011 to 2016, the Ministry
of the Environment recognizes the following advances made regarding the
institutionalization of the Green Climate Fund.

23
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

• Designation of the MINAM Vice-Minister of Strategic Development of Natural


Resources, attached to the Directorate for Climate Change, as the Appointed
National Authority for the Green Climate Fund in Peru.
• The approval of Peru’s Programme of Financial Readiness for access to the
GCF, with a sum of 300 thousand USD.

Regarding access to funding, the following achievements may also be noted:


• Accreditation of PROFONANPE as a body authorized for access to the resources
of the Green Climate Fund.
• Approval of GCF funding for the project Building the resilience of the wetlands
of Dátem del Marañón Province, directed by PROFONANPE.

As tasks under way or pending, the following may be mentioned in relation


to implementing Peru’s Programme of Financial Readiness:
• Design of a system for the evaluation of projects and requests for the
accreditation of bodies.
• Strengthening of skills at nationwide level in relation to the opportunities
offered by the GCF.
• Identification of new national bodies that might be accredited before the GCF.
• The development of a portfolio of projects to present to the GCF.

At the same time, the Ministry of the Environment published a document


containing guidelines for ‘green growth’ (sustainable economic growth).24
This document mentions participation in the Green Climate Fund as a positive
attribute. The guidelines make no reference to the rights-orientated approach nor
to the indigenous peoples; rather, the document addresses the promotion of the
private sector’s adopting policies of sustainability.
From the date of change of government (July 2016) the new accredited
body is the Ministry of Economy and Finance (MEF).25 The desired result of this
change is to improve channelling of climate-related funds within the framework
of national economic policies.

24 Declared through Ministerial Resolution nº 161-2016-MINAM available in: http://www.minam.gob.pe/


wp-content/uploads/2016/06/RM-N%C2%B0-161-2016-MINAM1.pdf (Consulted 11-04-17).
25 The focal point is the General Directorate of International Economic Affairs, Competition and
Productivity. Its functions do not include reaching agreements on the allocation of resources.
Source: https://www.mef.gob.pe/es/quienes-somos/organizacion/organos-de-linea/308-acerca-
del-ministerio/organos-de-linea/2561-direccion-general-de-asuntos-de-economia-internacional-
competencia-y-productividad (Consulted 11-04-17).

24
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

However, in comparison with the MINAM, the MEF has less experience
in processes of consulting and coming to agreements on common agendas,
so this change has aroused some feeling of uncertainty among the indigenous
organizations. The effective acknowledgement by the MEF of indigenous political
agency, in comparison with the Culture and Environment sectors, is a subject for
discussion in view of the experience of interaction between institutions.
Furthermore, the structure of the Peruvian government and its internal
policies gives the MEF a particular degree of power which, on centralizing the
issue of budgets and supervising their use, practically limits investments by the
other sectors.

Working agenda of the Appointed National Authority (AND)


In April 2017, the MEF and the MINAM signed Framework Convention on
Inter-institutional Cooperation with the aim of monitoring the workings of the
GCF and drawing up the National Strategy on Green Growth. The agreement
divides the tasks of both sectors so that the MEF is responsible for the procedures
of access to funding and to evaluate whether the projects presented coincide
with national economic policies, while the MINAM is to be in charge of the political
work of coming to agreements within the framework of regional strategies on
climate change.
The following table sets out the particular responsibilities of each area:

MINISTRY OF ECONOMY AND MINISTRY OF THE ENVIRONMENT


FINANCE
• Validate projects and programmes • Validate projects and program-
presented to the GCF according to mes presented to the GCF accor-
MEF policies. ding to environmental policies
and international climate-related
• Analyse financial structure of pro-
commitments undertaken by the
jects.
government.
• Issue no objection to projects pre-
• Coordinate environmental priori-
sented to the GCF.
ties with regional governments.
• Present proposals to the GCF to
• Compile a portfolio of projects
obtain access to Readiness Funds,
that could be eligible for GCF fun-
preparation of projects and an ins-
ding.
trument for the private sector.
• Propose potential accredited
• Identify potential accredited bo-
bodies for the GCF.
dies.

25
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Shared responsibilities are as follows:


• Drawing up a Country Work Programme, the national strategy for obtaining
access to GCF resources.
• Formulating the procedure that the accredited bodies should follow in order
to select and evaluate project proposals to be submitted to the GCF.
• Designing and keeping updated the no-objection procedure for the projects
presented by the accredited bodies.
• Drawing up a strategy for the communication and dissemination of procedures
related to the GCF.
• Drawing up a strategy to gain private-sector access to the GCF.
• Defining priorities of eligible activities to gain access to the Readiness Fund.
• Identifying project proposals eligible for access to the project Readiness Fund.
• Coordinating on the production of the National Strategy on Green Growth,
together with follow-up actions with the sectors involved.

As can be seen, the agreement aims to complete the institutionalization


of the GCF in Peru in a coherent manner; while the MEF will act as interface with
the GCF and will validate economic proposals, the MINAM will take charge of
the political processes for coordinating the environmental priorities within the
framework of existing policies. From the point of view of the indigenous peoples,
we must make the following comments:
• On the national strategy for access to the Green Climate Funds and access
to the Readiness Fund: More information is necessary on the method of
consulting with the actors of interest and the determination of representatives
and undertakings that might be allowed access to the funds. The private
sector has a special niche in this process through a line of access which the
GCF provides for that sector; indigenous peoples’ organizations and women’s
organizations should join forces as representative agents.
• On environmental priorities: The political entities appointed for joint work
with the MINAM are the regions, represented by their regional governments,
who should create regional strategies regarding climate change. The
guidelines for the generation of these strategies indicate that the indigenous
peoples (called rural and native organizations) are actors who propose and
implement actions to contribute to the strategy (MINAM, 2011). However,
this work should not exclude the indigenous peoples, which are collective
autonomous entities differentiated from the regional government owing to
the fact that in the regional spaces, especially in the Andes, the indigenous
peoples, particularly women and youth, are not acknowledged as actors with
agency in all stages of the process.
26
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

PROFONANPE AS AN ACCREDITED BODY


The first nationwide body in Peru accredited to work with Green Climate
Fund resources is the Fund for the Promotion of Protected Natural Areas of Peru
(PROFONANPE). It was accredited in the category of micro-projects, enabling it to
receive funding of up to 10 million Peruvian soles.26
PROFONANPE was created in 1992 through the Decree Law nº 26154, and
its board consists of four representatives from the public sector, representatives
of the Economics and Environment sectors together with two representatives
of the NGOs, one from the private business sector and one from international
cooperation. It is defined as a not-for-profit private institution, with the mission
of ‘obtaining, administrating and channelling financial resources to promote the
establishment and effective management of the Protected Natural Areas and the
conservation of the biological diversity contained within them and their buffer
zones.27
Since 2015, PROFONANPE has been in charge of Building the resilience of the
wetlands of Dátem del Marañón Province, the first project financed by the Green
Climate Fund, with funding of 6,1 million Peruvian soles. This project is qualified
as of low social and environmental risk and is orientated to the sustainable
exploitation of the natural resources of the zone through agriculture and fishing
by the local indigenous communities, and provides some technical support for
their insertion in the market through bio-businesses.
The PROFONANPE project has worked as an example of some of the pending
challenges for the indigenous peoples with regard to the rights-orientated
approach applied by the Green Climate Fund. This case has been thoroughly
analysed by Martone (2015),28 whose analysis is centralized on the fact that the
project was approved with comments regarding the validity of the free, prior
and informed consent given by the local indigenous communities, especially the
Achuar organization FENAP. This took place in a territorial scenario where a large
diversity of indigenous peoples and organizations is to be found, with varying
levels of representation and legitimacy. FENAP coordinates at provincial level with
CORPI-SL and at national level with AIDESEP; however, each organization has the
autonomy to take decisions on consultations.
According to PROFONANPE,29 the process of dialogue with the local indigenous
communities was based on previous work during 10 years of implementation of
26 There also exist international bodies with agencies in Peru and they have been accredited in higher
categories; examples are the WWF, GIZ and UN agencies.
27 Source: http://www.legislacionambientalspda.org.pe/index.php?option=com_content&view=article&
id=104&Itemid=4003 (Consulted 11-04-17).
28 Based on the PROFONANPE case, Martone’s study draws conclusions with regard to the need to
implement a policy for the indigenous peoples at the level of the Green Climate Fund and its capacity
to oversee approved projects to ensure they comply with standards on rights. In this study, the
possible consequences of this case within the framework of Peruvian national regulations and the
tasks pending with regard to the institutionalization of the GCF are addressed.
29 Declarations provided at an interview on 27 April 2017 with Alberto Paniagua, director of
PROFONANPE.

27
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

the project in the zone, together with the different organizations of the seven
indigenous peoples that live in the province. The proposal of the project presented
to the GCF incorporated the communities affiliated to the FENAP, an organization
that is busy drawing up its own development programme or life plan. FENAP
requested the following points as agreements: (1) that the project does not affect
the creation of new federations; (2) that PROFONANPE does not become involved
in the process of issue of title deeds for lands. Both of these points were taken
into account as the activities mentioned are not included in the project proposal.
While the case of PROFONANPE was resolved positively, this experience
shows the need for the GCF to point out clearly its policies on indigenous peoples
and the procedural standards which projects must meet. It is conceivable that in
the future projects will be presented which have a higher socio-environmental-
risk qualification.
Free prior and informed consent (FPIC) is a condition for any intervention in
indigenous territories, and this is supported by international legislation. At national
level, the Peruvian law on prior consultation determines that this be applied to
government legislative and administrative measures that could affect the rights
of the indigenous peoples.30 In this situation, the Appointed National Authority, at
nationwide level, adopts a legal route to resolve this ambiguity: (1) to define the
FPIC guidelines for the presentation of projects before the Green Climate Fund,
determining the body responsible for carrying out the consulting process with the
supervision of the Vice-Ministry of Interculturality as the governing body, or (2)
to carry out the prior consultation procedure according to the law, starting from
the MEF (since it is the body which takes the administrative decision to back the
project before the GCF).
With these routes, the obligations regarding the rights of the indigenous
peoples, which are honoured by the private entities that achieve accreditation,
would be made clear.
There is evidence that the indigenous peoples need to accentuate their
organizational strengthening and articulate local and regional bases with
nationwide organizations to watch over processes of this kind.
Furthermore, it would be positive if the GCF publicized the documents
relating to the dialogue process with the local communities, so that the
indigenous organizations and civil society might learn how to strengthen future
dialogue experiences. The information in the GCF website is hard to access as it
appears solely in the English language. To date, the only document on this project
published on the GCF web is the proposal presented to obtain funding, dated
October 2015. 31

30 Article 9 of the Law nº 29785.


31 The web page of the GCF portal for this project is in: http://www.greenclimate.fund/-/building-the-
resilience-of-wetlands-in-the-province-of-datem-del-maranon-peru (11-04-17).

28
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

AGENCY AND
PROPOSAL OF
THE INDIGENOUS
MOVEMENT

29
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

30
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

III.
STRUCTURES OF
CITIZENSHIP AND
PARTICIPATION

INDIGENOUS ORGANIZATIONS IN PERU


The political processes in the Andes and Amazonia which have been
outlined have given rise to different types of organization. It should also be
remembered that each community might be considered as an organization in
itself, whose legal standing may be underpinned by registering it at the Public
Records Office or through the issue of title deeds for its territory.
Usually, when dealing with public policies, the government calls
nationwide organizations to dialogue tables: AIDESEP, CONAP, CNA, CCP, ONAMIAP,
FEMUCARINAP, UNCA and CUNARC.32
These organizations are linked to regional, provincial and river-basin
federations (in the case of Amazonia) which participate in advocacy spaces in
their respective territories. AIDESEP also articulates at international level through
COICA, which gathers together organizations from the countries in the Amazon
Basin. These national organizations make alliances with actors in civil society,
such as NGOs and citizens’ environmental groups, for transparency, overseeing,
for example, and to enhance their chances of advocacy at nationwide level.
In addition to the organizations recognized by the government at
nationwide level, it is necessary to explore other ways in which indigenous
communities can be organized, especially in the Andean zone, where the

32 CNA, CCP, ONAMIAP, FEMUCARINAP, UNCA and CUNARC belong to the Pacto de Unidad, a linking-up
space for national-level advocacy.

31
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

indigenous identity has been weakened and the people themselves prefer to call
themselves peasants or producers. There do exist the water-users’ committees
and the municipalities in those jurisdictions where rural communities are district
capitals. However, this participation has not been investigated from the angle of
ethno-cultural diversity and collective rights.

Indigenous women’s organizations


Although the organizations normally include gender equality as part of their
political platform, gender inequality persists within the indigenous movement,
where the majority of the bases at different levels are led by men. Similarly, the
gaps in access to education, the multiple types of violence (owing to economic
conditions, gender and ethnicity), the lack of economic independence, and other
situations, limit indigenous women’s possibilities of access to decision-making
spaces.
Different indigenous women’s organizations have joined forces to create
two nationwide organizations: ONAMIAP and FEMUCARINAP. These organizations,
together with the organizations of women of African descent, participated in the
process of formulating the Action Plan on Gender and Climate Change (PAGCC) led
by the Ministry of the Environment and the Ministry of Women and Vulnerable
Populations, with the aim of linking the gender and climate-change policies. The
PAGCC acknowledges that:

‘... the gender gaps between men and women accentuate the
vulnerability of women to the impacts of climate change; they limit
their capacity to adapt in the face of the risks generated by these
changes and they do not contribute to the efforts to reduce emissions
of greenhouse gases,’
(MINAM and MIMP 2016, p. 12).
Regarding climate change, the effects on indigenous women and the
actions of the indigenous women are acknowledged and are part of the political
platforms of the organizations:

‘Gender inequalities limit and reduce response capability in the face


of the effects of climate change; the women are not only victims but
also active agents of change and have unique knowledge and skills.
Understanding the differentiated risks and impacts of climate change
on women and men is basic in order to achieve sustainable, low-carbon
development that is resilient to climatic impact.’
(MINAM and MIMP 2016, p. 17).
The PAGCC defines 8 lines of action, among which forests, water resources,
and food security are included.

32
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

The Green Climate Fund considers women as actors of interest with


participation in the design and implementation process of the projects, and it has
a policy on gender;33 however, this instrument makes no mention of indigenous
women.

Participation of indigenous youth


Unlike the women, young people as a group are not considered by the
Green Climate Fund’s governing instrument as actors of interest.
CHIRAPAQ (2014) has noticed the inequalities suffered by indigenous youth
regarding access to higher education and decent employment. Furthermore, it is
mentioned that young people form their own indigenous organizations in spaces
at university or they sign up to organizations where their parents are members,
but do not participate actively.
A study carried out by Diego Salazar (2013) shows that the agendas of
indigenous youth on education and employment are relegated to second level,
below prior consulting, in the indigenous political agenda.
Different indigenous youth bases (usually differentiated from local or
regional bases, and not affiliated to nationwide territorial organizations) made up
the REOJIP although this organization does not form a part of the official spaces
for dialogue with the indigenous peoples.

EXPERIENCE OF GOVERNANCE FROM THE INDIGENOUS PEOPLES’


VIEWPOINT
The indigenous peoples coincide in that the best way to address initiatives
on climate and the reduction of carbon emissions is through the protection of
the territorial rights on forests. In that sense, they have participated in the
governance of sustainable development initiatives and have gradually obtained
greater involvement in leading projects and in their monitoring and overseeing.
In the case of Amazonia, the World Bank’s Forestry Investment Programme
(FIP) has acquired special importance, where Peru is one of the first countries to
be involved.34 While the formulation has aroused concern over the omission of the
protection of indigenous peoples’ rights, and free, prior and informed consent
(FPP, 2009), some projects funded by the FIP have made good this deficiency by
implementing governance structures with the participation of AIDESEP and CONAP
under the assumption that indigenous management of the actions will guarantee
that the rights of the communities involved are not violated. The FIP’s conditions
of implementation, agreed between the Peruvian government and the indigenous

33 Approved in 2015.
34 Available in: http://www.minam.gob.pe/cambioclimatico/wp-content/uploads/sites/11/2014/05/FIP-
ESPA%C3%91OL_final_10102013.pdf (Consulted: 11-04-17)

33
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

organizations, are as follows:35


• Allocation of title deeds to territories, and indigenous management and
governance of forests, as part of the conditions for implementing projects,
with an investment commitment of 14,5 million USD.
• Participation of indigenous technical teams in the design of FIP projects.
• Participation of indigenous peoples in technical teams for the programme of
issuing title deeds for lands.
• Direct implementation by indigenous peoples of programmes for forest
governance and management.
Within the FIP, the Saweto Specific Dedicated Mechanism (SDM) has been
operating since 2015 as a special fund for financing indigenous peoples. This
mechanism has authorized 5,5 million USD for the recognition of new lands,
the assignment of title deeds for communal territories and the development
of productive projects compatible with the sustainable use of the forest. The
indigenous organizations AIDESEP and CONAP are at the top of the governance
structure of the SDM and make policy decisions. Under their leadership, the WWF
has been contracted to administrate the funds issued. The base communities of
AIDESEP and CONAP participate as implementing bodies. Representatives of both
organizations interviewed for this study have given a positive evaluation of the
Saweto SDM especially because, at the different levels of governance, the best is
made of its organizational structure and deployment across the territories. The
performance reports of the SDM are published periodically in the web portal of
the World Bank.36 The latest report (February 2017) shows that the progress of
results and the employment of funding do not meet the previously estimated
values.37 However, the organizations involved have identified as progress the
improvement of forestry management practices by the indigenous communities,
the recognition of 77 native communities, actions for issue of title deeds by 17
communities, and the funding of six sub-projects on forest management.38
With regard to the Andean zone, guidelines on climate change include
traditional knowledge and practices, local technology and the intercultural
approach. However, community participation in the structures of governance
is hindered by weak organization, social and inter-community conflicts and the
lack of recognition of collective rights, which is linked to the history of non-
35 Reported by the FPP in: http://www.forestpeoples.org/topics/forest-investment-programme-fip/
news/2013/11/peruvian-indigenous-organisations-secure-importa (Consulted: 11-04-17)
36 Available in: http://documents.worldbank.org/curated/en/831701488465959665/pdf/ISR-Disclosable
-P148499-03-02-2017-1488465951002.pdf (Consulted 11-04-17)
37 In May 2017 the 1st Congress of Saweto SDM Implementers was held in Lima, with representatives
of both Amazonian organizations and the WWF, which evaluated progress in implementation. At the
close of this study, no conclusions had been reached.
38 Data presented at the meeting ‘Early lessons in the implementation of the Saweto SDM’ (Lecciones
tempranas en la implementación del MDE Saweto, Memoria Viva) held in Lima in April 2017.
Information available in: http://www.wwf.org.pe/?298090/mde-saweto-presenta-lecciones-
tempranas-implementacion (Consulted 17-04-17).

34
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

acknowledgement of their status as indigenous peoples.


This may be noted in the experience of the Programme of Adaptation
to Climate Change (PACCPERÚ), an initiative carried out by the Ministry of
the Environment with support from the Swiss Agency for Development and
Cooperation, together with the governments and public universities of the
Andean regions of Apurímac and Cuzco, and the communities of the micro-basins
of Huacrahuacho (Cuzco) and Mollebamba (Apurímac) as local allies.
The summary of the first phase of the Programme of Adaptation to Climate
Change (at the close of this study, the summary of the second phase was not
available) shows the importance of the participatory aspect of the methodology,
the exchange of knowledge, and gender and age equality to the development of
the project:

‘Scientific study provides quantitative evidence based on instrument


readings, while participatory study values and capitalizes on local
knowledge based on the observation of ‘signs’, providing qualitative
evidence.’
(PACCPERÚ 2013, p. 94).
No information on the continuity of this initiative is available.
While the regional strategies of Cuzco and Apurímac produced within the
framework of the Programme of Adaptation to Climate Change (PACC) acknowledge
these conditions and involve the indigenous communities as implementers, the
potential of the latter as generators of proposals for adaptation and mitigation is
not considered, nor do they participate in the design of initiatives.

PARTICIPATION IN THE GREEN CLIMATE FUND


The indigenous peoples in Peru have a limited number of routes open
for advocacy in the global process of the Green Climate Fund. The COPs, where
indigenous organizations normally participate, could provide exactly the right
opportunities to advocate, but the final decision-making on this mechanism is in
the hands of the governments. Comberti, Thorton and Korodimou (2016), in their
analysis of the Paris COP 21, show how the distinctive style of discourse used by
indigenous peoples is treated by those who take decisions as something ‘novel’
or ‘different’. The result is that the representatives of the indigenous peoples
are relegated in spaces where decisions are taken among the states, and they
are ‘folklorized’ in indigenous pavilions and cultural expositions. The negotiation
model applied at the COPs favours political cultures and Western styles of
communication, concludes this study.
The governance structure of the Green Climate Fund is centred on states
whose representatives comprise a 24-member board of directors (12 from
the developed countries and 12 from developing countries) who designate an

35
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

independent secretariat. Meetings of the board of directors take place twice a


year with the participation of four active observers (two from the private sector
and two from NGOs).39 The other observing entities may follow the meetings in a
separate space and they have neither say nor vote.
In different communications to the board of directors of the GCF, the
indigenous peoples have claimed their right to participate as active observers with
a different status from that of civil society. This is a permanent ongoing claim of
the indigenous peoples on worldwide scenarios: their participation as peoples and
not as members of the civil society is a proposal stemming from the recognition of
their collective entities as subjects of law, supported by international instruments.
In the Peruvian case, PROFONANPE (accredited body), AIDESEP (indigenous
peoples) and DAR (NGO for environmental surveillance) have the status of
observers.
There exist de facto restrictions on the effective participation of
national observers, especially the indigenous organizations. The meetings and
all communications of the GCF are in English. In addition, technical language
developed specifically within this process is employed and there exists no
translation or interpretation for it in the languages employed by the United
Nations. Furthermore, the organizations do not have sufficient available funds
to travel to the Korean Republic, which is where the meetings are held. These
conditions hinder the effective circulation of information among the grassroots
organizations of the indigenous peoples.

39 At present they are the Asian Peoples’ Movement on Debt and Development and Heinrich Böll
Stiftung North America.

36
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

IV.
DEVELOPMENT
OF STRATEGIES BY
THE INDIGENOUS
MOVEMENT IN PERU

The current context of the Green Climate Fund represents an opportunity


for the indigenous peoples to advocate so as to open pathways towards
coordinated formulation of the GCF policies and the execution of the projects
with a governance based on collective rights. Similarly, the strengthening of
surveillance strategies is needed to ensure the projects are implemented without
damage to indigenous territories and lives.40

POLITICAL CONTEXT
The political context for advocacy in the Green Climate Fund shows
an unfavourable international scenario and at the national level, one with
disadvantages for the indigenous organizations with regard to decision-making
by the government.
The recent election of Donald Trump as president of the USA constitutes
a threat to the continuity of the Green Climate Fund. Trump’s government is
opposed to the funding of worldwide initiatives to combat climate change. Up
to now, the government of the USA has been the main financer of the GCF. The
opposition by the new government to continue making contributions endangers
the future of funding for climate-related issues.
40 The analysis in this section is based on a workshop organized by CHIRAPAQ and TEBTEBBA in
February 2017, in which indigenous organizations proposed advocacy strategies to strengthen
their participation in the Green Climate Fund. The discussion was focused on three agenda points:
safeguards and the protection of rights; governance structures; and access to funding.

37
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

There exists the possibility that actors with a high level of decision-making
power, such as the developed countries and the World Bank, on the global scene,
and the Ministry of Economy and Finance as the Appointed National Authority
(AND) for Peru, will show openness to indigenous initiatives within the framework
of compliance with international standards and social and environmental
safeguards for the implementation of GCF projects. However, spaces for dialogue
between indigenous peoples and these bodies are restricted.
The Peruvian indigenous movement has a low advocacy capability with
regard to the GCF process in Peru. The spaces created by the government where
organizations coordinate and have permanent dialogue have no influence on
policies for the GCF.41 However, some allied organizations do possess the technical
capacity and information to carry out surveillance of the GCF process.
There is an ineffective distribution of information about the GCF among
the indigenous organizations. The regional and local base organizations are not
informed of the monitoring of the process. At the workshop, it was suggested the
channels of communication between observing organizations and the indigenous
base groups be strengthened through culturally relevant communicational tools,
such as radio and video. The organizations taking part in the workshop asked
the observers of the GCF to disseminate information and evaluations they make,
as indigenous or other groups, among the national and grassroots indigenous
organizations.
The conditions for the development of initiatives on adaptation and
mitigation are similarly negative, given the lack of territorial security of the
indigenous communities and scarce progress with the issue of collective title
deeds; furthermore, there are threats to the safety and lives of indigenous leaders
from illegal gangs and economic interests whose intention is to commandeer the
natural resources located in indigenous territories.

Moving towards the direct funding of indigenous organizations


Given the current situation, a priority on the route towards direct GCF
funding for the indigenous peoples is to advocate for the formulation of a policy
for indigenous peoples in the GCF, indicating as a recommendation before the
board of directors the creation of a special interface for indigenous peoples.
There already exists the precedent of a special interface for accrediting and
access to funding for the private sector (PSF). The indigenous interface should make
the accreditation requirements more flexible according to the fund-management
experience of continental and worldwide indigenous organizations.42 However,
41 There are national spaces for dialogue, such as the Indigenous Peoples’ Work Group of the Ministry
of Culture, where nationwide organizations participate, and the National Commission on Climate
Change, with a representative of the indigenous peoples. At regional level, the settlement tables for
the Fight against Poverty (MCLCP) have become important. Decisions on the GCF are not taken in
these spaces.
42 COICA, ECMIA and FIMI were identified during the workshop as the organizations with the best
chances of being accredited.

38
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

this will require that the indigenous organizations strengthen their technical skills
and improve their results and implementation in current undertakings, such as
the Saweto SDM, in order to propose and implement projects with autonomy and
political leadership.
Similarly, it can be seen that there is a need to generate unified agendas
and spaces for articulation between the Andean and Amazonian peoples, which
strengthen participation and initiatives on mitigation and adaptation, advocacy
within the institutional structure of climate-related funds in Peru, and the
formulation of projects by the indigenous peoples.
In parallel, it is necessary to create and strengthen alliances with
international accredited bodies that have agencies in Peru, such as the WWF and
GIZ, as well as the UNDP or the FAO at worldwide level, on the basis of experience
of indigenous governance in previous processes. These alliances will be aimed
at the commitment of these bodies to apply the rights approach in full, free
prior and informed consent, and indigenous governance in the GCF projects for
implementation in Peruvian territory.

RECOMMENDATIONS
The agenda of recommendations agreed by the indigenous organisations
is addressed to the decision-making bodies of the GCF process at worldwide level
(GCF board of directors) and nationwide level (Appointed National Authority).

Indigenous policy for the Green Climate Fund


The projects financed by the Green Climate Fund must have the full
participation of the indigenous peoples in their formulation, governance and
monitoring in order to ensure beneficial results which respect individual and
collective rights. This position is based on the ILO Convention nº 169 and the UN
Declaration on the Rights of Indigenous Peoples.
On the basis of the experience of PROFONANPE and of the conservation
projects with indigenous governance, lessons learned in Peru on free, prior
and informed consent and the participation of the indigenous peoples must be
identified. These lessons should be incorporated in GCF policies for the indigenous
peoples and in the creation of mechanisms for free, prior and informed consent in
the private sector at nationwide level.
The generation of a specific policy for indigenous peoples by the governing
board of the GCF must have a focus on rights and safeguards meeting the standards
of the United Nations. The current safeguards used by the IFC have an investment
logic that does not adapt to the life plans and development agendas generated
by the indigenous peoples with regard to territorial security, sustainable use
of natural resources, food security and sovereignty, gender equality, youth
participation, and other claims included in the indigenous agenda.

39
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

In the same way, the GCF policy for indigenous peoples must take into
account that a part of each project budget is devoted to attending the urgent
needs of the indigenous organizations: territorial security, strengthening the
technical and executive skills of their teams, and the personal safety of their
constituents, particularly women and young people, in the face of possible
criminal acts. These aspects should be coordinated with the life plans of
legitimized organizations present in the territory where the intervention takes
place, avoiding malpractice such as the creation of new organizations to validate
the projects or the recruitment of personnel from outside the organization.

Indigenous monitoring in the GCF process


The incorporation of representatives of the indigenous people as active
observers at worldwide and continental levels is demanded, with a budget
designated for their participation differentiated from that of the organizations
of civil society. This accreditation should be agreed by the indigenous peoples
in global spaces such as the International Indigenous Peoples’ Forum on Climate
Change (IIPFCC). Their participation must be funded administratively by the GCF.
In order to enable the effective participation of the indigenous peoples in
the GCF meetings, the use of the official UN languages is demanded, together with
the dissemination of the complete information, in the official languages, related
to the board’s decisions and the projects funded by the Green Climate Fund.

The Peruvian government and the institutionalism of the GCF


There is concern about the choice of the Ministry of Economy and Finance
as the appointed national authority nominated for the GCF in Peru, as there is
no prior experience of collaboration between the Ministry of Economy and
Finance and the indigenous peoples’ organizations. Despite the Ministry of the
Environment’s being in charge of the joint formulation of the policies for the GCF
in Peru, up to May 2017 no progress had been made regarding this initiative on
climate-related funding. In general, from 2016 onwards, a paralysation of the GCF
process in Peru can be seen.
The organizations demand that the Ministry of Economy and Finance,
as the appointed authority, should complete the institutionalism of the GCF in
Peru, creating the working plan for the country and a portfolio of projects, both
instruments having been agreed with the indigenous peoples and all the actors
of interest. In that sense, the Ministry of Economy and Finance and the Ministry
of the Environment, in virtue of their agreement, should call for dialogue with
the national, regional and local indigenous organizations to come to agreed
perspectives and to generate these instruments with a gender and youth
approach. The political agreements should be endorsed by a Supreme Decree
from the Ministry of Economy and Finance.

40
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

The Ministry of Economy and Finance must execute a supporting-fund


plan (readiness fund) approved by the GCF for Peru. This budget must be agreed
with the indigenous peoples, all the actors of interest in the GCF process, and
the national efforts to combat the effects of climate change. These agreements
must be discussed in an intersectoral fashion, round a table with the participation
of the Ministry of Economy and Finance, the Ministry of the Environment, and
the Ministry of Culture (as an institution governing indigenous affairs) within the
framework of national policies for sustainable development and climate-related
efforts.
The Ministry of Economy and Finance and the Ministry of the Environment
must guarantee that future projects approved for GCF funding in Peru implement
mechanisms for monitoring and rendering accounts with the participation of
the actors of interest, among which are the indigenous peoples. The indigenous
organizations have experience of environmental surveillance and indigenous
monitoring, which should be central strategies in the implementation of the
projects.43
The transparency of the projects funded by the GCF in Peru must be
improved. The organizations demand the publication of reports on the project
Building the resilience of the wetlands of Dátem del Marañón Province, directed
by PROFONANPE, and the plans for participation by the indigenous peoples in
its implementation. Likewise, they require clear and precise information on the
process of formulating the project and the dialogue to obtain the free, prior and
informed consent of the indigenous peoples located in the intervention area, in
such a way that lessons may be learned to guarantee compliance with standards
on rights in future initiatives, possibly of higher social and environmental risk.

43 At the present time, DAR develops projects for indigenous strengthening and surveillance in
conjunction with regional Amazonian organizations. (DAR 2016); it is necessary to systematize this
experience to obtain quantitative data and to test the skills acquired for strengthening the indigenous
political proposal. Furthermore, indigenous environmental surveillance has been officially recognized
in the Amazonian region of Loreto by means of the Regional Ordinance nº 003-2017.GRL-CR.

41
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

42
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

CONCLUSIONS

43
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

44
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

1. The Green Climate Fund process represents a challenge for the indigenous
movement, because its design is built around governments and practices
with economics-orientated criteria; moreov er, dissemination of information
is restricted, and these factors impair the participation of the many different
actors involved.
2. The policies on approval of GCF projects have been shown to favour the private
sector and have prioritized the disbursement of funds for actions without
even having the necessary guarantees for the exercise of the rights of the
indigenous peoples. These criteria are applied in Peru and coincide with the
official policies of governance and development.
3. It becomes necessary to identify the lessons learned in the approval of the
project directed by PROFONANPE to generate a national institutionalism
that addresses the funding of climate-related issues from the intercultural
standpoint, acknowledging the inequalities faced by the indigenous peoples
and strengthening them as agents of change.
4. The policy for indigenous peoples in Peru has been characterized by creating
distinct management instruments that include the rights approach, but
which have to coexist with a national economic policy that exalts the large-
scale extraction of natural resources, and seeks to benefit from the territorial
insecurity.
5. The nomination of the Ministry of Economy and Finance as the National
Appointed Authority, while of concern to the indigenous organizations,

45
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

should serve to transfer the debate on development with rights to the space
where the investment priorities are decided.
6. The process of formulating an indigenous policy in the GCF, already started,
represents a chance to guarantee the participation of the indigenous peoples
in the initiatives on climate change. It is important that the organizations of
the indigenous movement define the terms on which this participation is to
take place.
7. It is necessary to agree on Andean - Amazonian parameters for involvement
in the GCF processes that go further than mere inclusion in the design
and negotiation; rather, this might provide a contribution and offer a
comprehensive perspective on the management of the factors that influence
climate, from the starting point of a geographic reality as complex as the
Andean zone.
8. The readiness fund must be executed with a view to strengthening the skills of
the indigenous organizations, especially of the local bases, in the formulation
of initiatives, design of indicators, execution, monitoring and surveillance,
implementing the dialogue between technical knowledge and traditional,
local indigenous knowledge, and a transversal approach to gender issues and
young people. The creation of these instruments will strengthen the proposal
to make direct funding available to indigenous organizations and will validate
the accrediting of their organizations.
9. Just as with the previous instruments of the GCF, the policies that are being
designed for indigenous peoples should be consulted with civil society and
the actors of interest. This makes a collective action for advocacy from Peru
necessary in this text, coinciding with advocacy before the Ministry of Economy
and Finance to complete the institutionalism of the GCF in a participatory
fashion.
10. The processes, at both national and worldwide levels, require the commitment
of the organizations that are currently observers of the GCF, with regard to the
timely dissemination of the information and discussion of progress made.

46
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

SOURCES

47
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

48
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

A. POLICIES AND DOCUMENTS OF THE PERUVIAN GOVERNMENT

National Water Authority


2009 Política y Estrategia Nacional de Recursos Hídricos del Perú. Available in:
http://www.ana.gob.pe/media/290336/politicas_estrategias_rh.pdf

Ministry of the Environment


2009 Política Nacional del Ambiente. Available in: http://www.minam.gob.pe/
wp-content/uploads/2013/08/Pol%C3%ADtica-Nacional-del-Ambiente.pdf

2011 Guía para la Elaboración de Estrategias Regionales Frente al Cambio


Climático. Available in: http://cdam.minam.gob.pe/novedades/
guiaestrategiasregionalescc.pdf

2015 Estrategia Nacional ante al Cambio Climático. Available in: http://www.


minam.gob.pe/wp-content/uploads/2015/09/ENCC-FINAL-250915-web.
pdf

2016 La Ruta Hacia el Crecimiento Verde (2011-2016). Hacia un Modelo de


Crecimiento Económico Ambientalmente Sostenible. Available in:
http://www.minam.gob.pe/informessectoriales/wp-content/uploads/
sites/112/2016/06/La-Ruta-hacia-el-Crecimiento-Verde.pdf

Ministry of Agriculture
2016 Política Nacional Agraria. Available in: http://www.minagri.gob.pe/portal
/download/pdf/marcolegal/normaslegales/decretossupremos/2016/
ds02-2016-minagri.pdf

Ministry of the Environment and Ministry of Women and Vulnerable Populations


2015 Plan de Acción en Género y Cambio Climático. Available in: http://www.
minam.gob.pe/cambioclimatico/wp-content/uploads/sites/11/2015/12/
PLAN-G%C3%A9nero-y-CC-16-de-JunioMINAM+MIMP.pdf

Ministry of Economy and Finance and Ministry of the Environment


2017 Convenio Marco de Cooperación Interinstitucional entre el Ministerio de
Economía y Finanzas (MEF) y el Ministerio de Ambiente (MINAM). Available
in: https://www.mef.gob.pe/contenidos/transparencia/doc_gestion/
CCI_MEF_MINAN.pdf

Programme of Adaptation to Climate Change


2012 Para Adaptarnos Mejor al Cambio Climático en los Andes Peruanos.
Memoria de Primera Fase. Available in: http://www.paccperu.org.pe/
publicaciones/pdf/81.pdf

49
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

B. PERUVIAN REGULATIONS AND LEGISLATION

Law n° 26821
Ley Orgánica para el Aprovechamiento Sostenible de los Recursos
Naturales. Available in: www.ana.gob.pe/media/95192/ley_26821.pdf

Law nº 28611
Ley General del Ambiente. Available in: http://cdam.minam.gob.pe/
novedades/leygeneralambiente2.pdf

Law nº 29785
Ley del Derecho a la Consulta Previa a los Pueblos Indígenas u Originarios,
Reconocido en el Convenio 169 de la Organización Internacional del Trabajo
(OIT). Available in: http://consultaprevia.cultura.gob.pe/wp-content/
uploads/2014/11/Ley-N---29785-Ley-del-derecho-a-la-consulta-previa-a-
los-pueblos-ind--genas-originarios-reconocido-en-el-Convenio-169-de-la-
Organizacion-Internacional-del-Trabajo-OIT.pdf

Ministry of the Environment


2013 Decreto Supremo N.º 015-2013-MINAM. Modifican Decreto Supremo
006-2009-MINAM, referido a la Comisión Nacional sobre el Cambio Climático.
Available in: http://www.minam.gob.pe/wp-content/uploads/2013/12/
ds_015-2013-minam.pdf

2016 Resolución Ministerial N° 161-2016-MINAM. Aprobar los Lineamientos para


el Crecimiento Verde. Available in: www.minam.gob.pe/disposiciones/
resolucion-ministerial-n-161-2016-minam/

Ministry of Agriculture
2015 Decreto Supremo N°006-2015-MINAGRI. Decreto Supremo que aprueba la
Política y Estrategia Nacional de Recursos Hídricos. Available in: http://
www.minagri.gob.pe/portal/decreto-supremo/ds-2015/12601-decreto-
supremo-n-006-2015-minagri

2016 Decreto Supremo Nº 002-2016-MINAGRI. Decreto Supremo que aprueba la


Política Nacional Agraria. Available in: http://www.minagri.gob.pe/portal/
download/pdf/marcolegal/normaslegales/decretossupremos/2016/ds02-
2016-minagri.pdf

Presidency of the Republic


1992 Decreto Ley N° 26154. Creación del Fondo Nacional para Áreas Naturales
Protegidas por el Estado - FONANPE. Available in: http://docs.peru.justia.
com/federales/decretos-leyes/26154-dec-29-1992.pdf

2008 Decreto legislativo N.º 1013. Decreto Legislativo que aprueba la Ley de
Creación, Organización y Funciones del Ministerio del Ambiente. Available
50
THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

in: http://www.minam.gob.pe/wp-content/uploads/2013/10/Ley-creaci%
C3%B3n-MINAM.pdf

Loreto Regional Government


2017 Ordenanza Regional N.º003-2017-GRL-CR. Available in: http://aplicaciones02.
regionloreto.gob.pe/sisdoc/sites/default/files/normativa_regional/
ordenanza_regional_ndeg003-2017-grl-cr.pdf

C. COMMUNICATIONS BETWEEN THE GCF AND THE INDIGENOUS


MOVEMENT

CHIRAPAQ, CADPI & TEBTEBBA


2016 Taller regional. Pueblos indígenas y finanzas para el Clima. Lima, 25 - 26
April 2016.

CHIRAPAQ & TEBTEBBA


2017 Pronunciamiento de organizaciones de los pueblos indígenas del Perú
frente al Fondo Verde para el Clima. Available in: https://www.scribd.com/
document/341106393/Pronunciamiento-de-organizaciones-de-pueblos-
indigenas-del-Peru-ante-el-Fondo-Verde-para-el-Clima

GCF
2015 Compilation of submissions for the strategic plan for the Green Climate Fund.
Available in: http://www.greenclimate.fund/documents/20182/132734/
FVC_16-12-2015_add.01_-_compilation_of_submissions_for_the_
strategic_plan_for_the_green_climate_fund_-_addendum.pdf/
c9a082e9-7547-4ade-a156-10591359eee4?version=1.0

2017 Submissions following the call for public submissions on the updated Terms
of Reference of the Independent Redress Mechanism. pp. 44-49. Available
in: https://www.greenclimate.fund/documents/20182/584114/FVC_B.16_
Inf.14_-_Submissions_following_the_call_for_public_submissions_on_
the_updated_Terms_of_Reference_of_the_Independent_Redress_
Mechanism.pdf/70bcd831-aa4e-4bd7-8e22-394761a28c76

INTERNATIONAL INDIGENOUS PEOPLES’ FORUM ON CLIMATE CHANGE


2012 Open Statement on the Green Climate Fund. Available in: http://www.
forestpeoples.org/sites/fpp/files/publication/2013/03/final-iipfcc-
statement-green-climate-funddec2012.pdf

2015a Our proposals to COP21 and beyond. Available in: http://www.


forestpeoples.org/sites/fpp/files/news/2015/12/IP%20Political_
statement.pdf

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

2015b International indigenous peoples’ dialogue with states on the UNFCCC


Negotiations. Available in: http://www.iwgia.org/images/stories/int-
processes-eng/UNFCCC/Final_political_position_paperOct2015.pdf

TEBTEBBA & FPP


2015a Letter to GFC Board. Available in: http://www.forestpeoples.org/sites/
fpp/files/news/2015/11/Letter-to-FVCBoard.pdf

2015b Submission on the Green Climate Fund ESMS. Available in: www.
forestpeoples.org/es/node/6015

D. INDEPENDENT STUDIES

AIDA
2016 “Green Climate Fund and the private sector”. Available in: http://www.
aida-americas.org/sites/default/files/featured_pubs/fact-sheet-2FVC-
draft-ed-fin_0.pdf

BALBUENA, P.
2016 “Los límites del diseño de la consulta previa: ¿estamos cerca del techo
de cristal?”. In La implementación del derecho a la consulta previa en Perú.
VARGAS, K. (comp.). Lima: GIZ.

BLACKMAN, A., CORRAL, L., SANTOS LIMA, E. & ASNER, G. P.


2017 “Titling indigenous communities protects forests in the Peruvian Amazon”.
PNAS, vol. 14, nº. 16.

CHE PIU, H., HUAMANÍ, S., VALLE-RIESTRA, V. & KOC, G.


2016 Financiamiento para Bosques y Cambio Climático en Perú. Lima: Derecho
Ambiente y Recursos Naturales.

CHIRAPAQ
2014 Juventud, Educación Superior y Movimiento Indígena en el Perú. Lima:
CHIRAPAQ.

2015 ¿Quiénes son los Indígenas? Estereotipos y Representaciones Sociales de los


Pueblos Indígenas en el Perú. Lima: CHIRAPAQ.

COMBERTI, C., THORNTON, T. F. & KORODIMOU, M.


2016 “Addressing Indigenous Peoples’ Marginalisation at International Climate
Negotiations: Adaptation and Resilience at the Margins”. Working
document. Oxford University.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

CONGRESS OF THE PERUVIAN REPUBLIC


2010 Informe final en minoría de la comisión investigadora sobre los hechos
acontecidos en la ciudad de Bagua, aledaños y otros determinando
responsabilidades a que haya lugar. En “Human Rights-based Approach to
Climate Finance”. Johl A. & Lador Y. (2012). International policy analysis,
FES.

DERECHO, AMBIENTE Y RECURSOS NATURALES (ED.)


2016 Experiencias de vigilancia indígena. Contadas por sus propias
organizaciones. Lima: DAR.

DEFENSORÍA DEL PUEBLO


2017 Reporte de conflictos sociales N.º 157. Marzo 2017. Available in: http://www.
defensoria.gob.pe/conflictos-sociales/objetos/paginas/ 6/48reporte-
mensual-conflictos-sociales-157-marzo-2017.pdf

FPP
2007 Letter from FPP querying IFC’s application of safeguards to protect
indigenous peoples. Available in: http://www.forestpeoples.org/topics/
international-finance-corporation-ifc/publication/2010/letter-fpp-
querying-ifc-s-application-

FPP & JOAS


2012 Indigenous peoples and the Green Climate Fund. Available in: www.
forestpeoples.org/fr/node/3648

HALIFAX INITIATIVE COALITION


2016 One Step Forward, One Step Back. An Analysis of the International Finance
Corporation’s Sustainability Policy, Performance Standards and Disclosure
Policy. Available in: https://www.ifc.org/wps/wcm/connect/187db500498
0088ca336f3336b93d75f/IFC-Analysis-HI-Final.pdf?MOD=AJPERES

HINOJOSA, G. & LIVISE, A.


2015 “La ayuda millonaria del Grupo Banco Mundial a empresas infractoras”.
Convoca. Available in: http://convoca.pe/agenda-propia/la-ayuda-
millonaria-del-grupo-banco-mundial-empresas-infractoras

KING, E.
2016 “Green Climate Fund partners condemned for fossil fuel funding”. Climate
Home. Available in: http://www.climatechangenews.com/2016/06/14/
green-climate-fund-partners-condemned-for-fossil-fuel-funding/

LANEGRA, I.
2015 “¿Cómo decide el Gobierno quién es indígena y quién no?”. Ojo Público.

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Available in: http://ojo-publico.com/46/como-decide-el-gobierno-quien


-es-indigena-y-quien-no

MARTONE, F.
2015 “The Green Climate Fund and Free, Prior and Informed Consent and a
Call for the Adoption of an Indigenous Peoples’ Policy”. The Lessons from
a Wetland Project in Peru. FPP & TEBTEBBA.

OHCHR
2006 Preguntas Frecuentes sobre el Enfoque de Derechos Humanos en la
Cooperación para el Desarrollo. New York and Geneva: United Nations.

Red Muqui & GRUFIDES


2015 Paquetes Normativos 2013 - 2015 y su Impacto en los Derechos
Fundamentales en el Perú. Lima: Red Muqui & GRUFIDES.

SALAZAR, B. & RIVERA, N.


2013 “La Equidad en la Gobernanza del Agua: Esencial para Evitar Conflictos”.
La Revista Agraria, n° 154. Lima: CEPES.

SALAZAR, D.
2015 “Agenda juvenil indígena en el Perú: apuntes para un movimiento en
construcción”. In Movimientos Juveniles en América Latina y el Caribe:
Entre la Tradición y la Innovación. RODRÍGUEZ, E. (Ed.) Lima: SENAJU,
UNESCO.

TAULI-CORPUZ, Victoria
2016 Conservación y Derechos de los Pueblos Indígenas. Informe a la Asamblea
General ONU. Relatoría Especial de las Naciones Unidas sobre los
Derechos de los Pueblos Indígenas.

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ABBREVIATIONS AND
ACRONYMS

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

* Corresponds to a name in a language other than Spanish


ACR: Área de Conservación Regional (Regional Conservation Area)
AIDA: Asociación Interamericana para la Defensa del Ambiente (Inter-American Association for
the Defence of the Environment)
AIDESEP: Asociación Interétnica de Desarrollo de la Selva Peruana (Peruvian-Jungle Inter-ethnic
Development Association)
ANA: Autoridad Nacional del Agua (National Water Authority)
AND: Autoridad Nacional Designada (Appointed National Authority)
BDPI: Base de Datos de Pueblos Indígenas (Indigenous Peoples’ Database)
CCP: Confederación Campesina del Perú (Rural Confederation of Peru)
CDM: Mecanismo de Desarrollo Limpio (Clean Development Mechanism)*
CLPI: Consentimiento libre, previo e informado (Free, prior and informed consent)
CNA: Confederación Nacional Agraria (National Agrarian Confederation)
CNCC: Comisión Nacional sobre el Cambio Climático (National Commission on Climate Change)
COICA: Coordinadora de Organizaciones Indígenas de la Cuenca Amazónica (Coordinator for
Indigenous Organizations of the Amazon Basin)
CONAP: Confederación de Nacionalidades Amazónicas del Perú (Confederation of Amazonian
Nationalities of Peru)
COP: Conferencia de las Partes (Conference of the Parties)
CORPI-SL: Coordinadora Regional de los Pueblos Indígenas de San Lorenzo (Regional Coordinator
for the Indigenous Peoples of San Lorenzo)
CUNARC: Central Única Nacional de Rondas Campesinas (Sole National Centre for Rural Patrols)
DAR: Derecho, Ambiente y Recursos Naturales (Law, Environment and Natural Resources)
ECMIA: Enlace Continental de Mujeres Indígenas de las Américas (Continental Network of
Indigenous Women of the Americas)
ECOSOC: Consejo Económico Social de las Naciones Unidas (United Nations Economic and Social
Council)*
ENCC: Estrategia Nacional contra el Cambio Climático (National Strategy against Climate Change)
FAO: Organización de las Naciones Unidas para la Alimentación y la Agricultura (United Nations
Food and Agriculture Organization)*
FEMUCARINAP: Federación Nacional de Mujeres Campesinas, Artesanas, Indígenas, Nativas y
Asalariadas del Perú (Peruvian National Federation of Peasant, Artisan, Indigenous, Native and
Employed Women)
FENAP: Federación de Nacionalidades Achuar del Perú (Peruvian Federation of Achuar
Nationalities)
FEREMIA: Federación Regional de Mujeres Indígenas de Ayacucho (Ayacucho Regional
Federation of Indigenous Women)
FIMI: Foro Internacional de Mujeres Indígenas (International Forum of Indigenous Women)
FIP: Programa de Inversión Forestal (Forest Investment Program)*
FPP: Programa para los Pueblos de los Bosques (Forest Peoples Programme)
FVC: Fondo Verde para el Clima (Green Climate Fund)

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

GEF: Fondo Mundial para el Medio Ambiente (Global Environment Facility)*


GIZ: Corporación Alemana para la Cooperación Internacional (German Corporation for
International Cooperation)*
IFC: Corporación Financiera Internacional (International Finance Corporation)*
JOAS: Red de Pueblos Indígenas de Malasia (Indigenous Peoples Network of Malaysia)*
MDE: Mecanismo Dedicado Específico (Specific Dedicated Mechanism)
MEF: Ministerio de Economía y Finanzas (Ministry of Economy and Finance)
MIMP: Ministerio de la Mujer y Poblaciones Vulnerables (Ministry of Women and Vulnerable
Populations)
MINAGRI: Ministerio de Agricultura (Ministry of Agriculture)
MINAM: Ministerio del Ambiente (Ministry of the Environment)
MINCULT: Ministerio de Cultura (Ministry of Culture)
MOCICC: Movimiento Ciudadano frente al Cambio Climático (Citizens’ Movement against Climate
Change)
OEFA: Organismo de Evaluación y Fiscalización Ambiental Environmental Evaluation and Audit
Body)
OHCHR: Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos (Office
of the United Nations High Commissioner for Human Rights)*
OIT: Organización Internacional del Trabajo (International Labour Organization)
ONAMIAP: Organización Nacional de Mujeres Indígenas Andinas y Amazónicas del Perú (Peruvian
National Organization of Andean and Amazonian Indigenous Women)
ONU: Organización de las Naciones Unidas (United Nations Organization)
PACCPERU: Programa de Adaptación al Cambio Climático (Programme of Adaptation to Climate
Change)
PAGCC: Plan de Acción en Género y Cambio Climático (Action Plan on Gender and Climate Change)
PNUD: Programa de las Naciones Unidas para el Desarrollo (United Nations Development
Programme)
PROFONANPE: Fondo Nacional para las Áreas. Naturales Protegidas por el Estado (National Fund
for Natural Areas Protected by the State)
PSF: Fondo para el Sector Privado del Fondo Verde para el Clima (Private Sector Fund of the
Green Climate Fund)*
REDD: Reducción de Emisiones causadas por la Deforestación y la Degradación de los Bosques*
(Reducing emissions from deforestation and forest degradation)*
REOJIP: Red de Organizaciones de Jóvenes Indígenas del Perú (Peruvian Network of Indigenous
Youth Organizations)
TEBTEBBA: Centro Internacional de los Pueblos Indígenas para la Investigación en Materia de
Políticas y para la Educación (Indigenous Peoples’ International Centre for Policy Research and
Education)
UNCA: Unión Nacional de Comunidades Aymaras (National Union of Aymara Communities)
UNFCCC: Convención Marco de las Naciones Unidas sobre el Cambio Climático (United Nations
Framework Convention on Climate Change)*
WWF: Fondo Mundial para la Naturaleza (World Wildlife Fund)*

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

APPENDIX

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

PUBLIC FORUM
THE INDIGENOUS PEOPLES
AND THE GREEN CLIMATE
FUND

With the participation of leaders of national and regional indigenous


organizations, representatives of conservationist organizations and specialists
in climate-related funding, the Public Forum on the Indigenous Peoples and the
Green Climate Fund was held at the Universidad del Pacífico (Lima) on 19 May
2017. The aim was to present the results of a study carried out by CHIRAPAQ,
Centre for Indigenous Cultures of Peru, and to make proposals to facilitate the
direct access of the indigenous peoples to climate-related funds.
In their presentations, the indigenous leaders coincided on the need to
respect the demands of indigenous peoples on collective and territorial rights in
the entire process of the battle against climate change, from the distribution of
funds to the implementation of projects.
Jorge Prado Sumari, coordinator of the Pacto de Unidad de Organizaciones
Indígenas del Perú emphasized that the indigenous peoples are an economic force
in the country, but that officials of the Ministry of Economy and Finance (MEF) are
not used to dialoguing with indigenous people but, rather, with business people.
He pointed out that the conversations on the Green Climate Fund (GCF) should
take place directly between the indigenous organizations and the Ministry of
Economy and Finance, because it is the governing institution for national finances
and should set up spaces and conditions so that the priorities of climate-related
funding can be formulated in the presence of the actors of interest.
Raquel Caicat, president of the Consejo Aguaruna Huambisa, maintained
that the indigenous women comprise the most vulnerable group regarding the
effects of climate change and that they play a vital role in safeguarding the forests.
She demanded a space for the political participation of indigenous women

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Raquel Caicat, president of the Consejo Aguaruna Huambisa

from Amazonia and the Andes in the design of policies and projects for the GCF.
Likewise, she said that the GCF’s projects should strengthen the executive skills of
men and women of the indigenous communities and organizations.
Julio Cusurichi Palacios, president of the Federación Nativa del Río
Madre de Dios y Afluentes, pointed out that on the topic of climate change,
the indigenous peoples are not fighting only for themselves, but for the entire
world’s population. He proposed that the indigenous agenda on climate change
stipulate, as conditions for the conservation of the territories, territorial security,
food sovereignty, the participation of women in equal conditions, and guarantees
for the lives of the indigenous leaders.
For their part, the conservation organizations which are accredited for
GCF funding, presented their experiences of working side by side with indigenous
peoples and the ways in which these have participated in their environmental
initiatives.
Yolanda Guzmán, projects coordinator of PROFONANPE, pointed out that
the project to be started by her institution with funding from the GCF is based
on the positive results of a previous project also implemented in the Dátem del
Marañón Province, where they work with seven indigenous peoples (Achuar,
Awajún, Chapra, Kandozi, Kichwa, Shawi and Wampís) on the conservation of
forests and wetlands through the sustainable utilization of natural resources and
bio-businesses. She highlighted the work they do to come to an agreement on

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Julio Cusurichi Palacios, president of the Federación Nativa del Río Madre de Dios y Afluentes

coordinating among culturally different peoples, respecting their decisions on the


actions to be taken.
Patricia León Melgar, executive director of the WWF in Peru, provided
details of her participation as a national implementing agency for the Saweto
Specific Dedicated Mechanism whose National Steering Committee comprises
AIDESEP and CONAP. She pointed out that the SDM is considered as a platform for
the indigenous peoples, where the WWF only administrates funds and provides
technical consultancy when required. She mentioned that a lesson learned from
this process is the need to devote more funding to the organizational tasks of the
project, so as to strengthen the organizations’ articulation capabilities.
With regard to the Saweto SDM, Marilen Puquion Arturo, focal point of
CONAP, highlighted the difficulties in the negotiations with the World Bank to
obtain this funding, with a governance structure that prioritizes the political
direction of the national organizations. She recalled that the process took
three years and needed meetings in Lima and the Amazonian regions as well as
coordination with the Ministry of the Environment. She underscored the need to
invest time and money on internal coordination among the national, regional and
local indigenous organizations in order to ensure the participatory governance of
the initiative.

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

Bledy Moale, kornesha of the Feconaya

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THE GREEN CLIMATE FUND AND THE INDIGENOUS PEOPLES OF PERU

On another occasion, specialists on climate-related funding and public


policies pointed out the gaps and the pending agenda in the GCF process in Peru.
Gabriel Quijandría Acosta, ex vice-minister of the Ministry of the
Environment warned that the current government has not communicated its
policy for working with the indigenous peoples on the management of climate
change. He indicated that the government should support the actors outside the
private sector so they might have greater participation in climate initiatives.
Diego Saavedra, member of the NGO Derecho, Ambiente y Recursos
Naturales (DAR), emphasized that it is important that the indigenous peoples are
aware of all the information on how the GCF functions, complaint mechanisms
and the participating institutions.
Miguel Huarcaya, anthropologist at the Universidad del Pacífico, noted
that the ‘from the top down’ design of the GCF does not favour the transmission
of information from the GCF to the indigenous peoples, and that the knowledge
and experience of the indigenous peoples does not reach the Green Climate Fund.
Roger Merino, a specialist in public policies from the Universidad del
Pacífico, said that climate change requires a multi-sectorial public policy as it is
related to policies on the issue of title deeds for lands and prior consulting. This
needs the Culture sector to make rulings on matters of collective rights.
Lastly, Tarcila Rivera Zea, president of CHIRAPAQ, listed as conclusions three
challenges faced by the indigenous peoples who wish to have access to climate-
related funds: design, by the peoples themselves, of a proposal for mitigation and
adaptation; the strengthening of our organizational and technical skills for the
management of funds; and to create the conditions for demanding respect for
collective rights.

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