Undesignated Public Forests

Undesignated public forests located in the Amazon are lands under the jurisdiction of state or federal governments that are awaiting allocation to a specific land-use category, as established by the Public Forest Management Law (Law No. 11,284/2006).

Together, they cover an area roughly the size of Spain (56.5 million hectares) and store nearly one year of global carbon emissions—about seven billion tons of carbon. However, undesignated public forests are more vulnerable to land grabbing and illegal deforestation.

To help protect undesignated public forests, Amazoniar—an initiative by IPAM (Amazon Environmental Research Institute) to foster a global dialogue on the Amazon—answers the main questions about these lands and how to defend them.

Why protect undesignated public forests?

Protecting undesignated public forests is crucial because they are home to many Indigenous Peoples and traditional communities who depend directly on these territories and safeguard their biodiversity through their ways of life. Preserving their cultures—so vital to climate balance and the future of the planet—depends on guaranteeing their rights, including the demarcation and self-management of their territories.

Protecting these lands should be a priority not only to ensure the rights of those who already live there, but also as one of the solutions to reduce greenhouse gas emissions and combat climate change, given their carbon stocks.

 

What is the biggest challenge to protecting undesignated public forests?

The greatest challenge is the constant pressure from illegal activities that these areas face. Although the Public Forest Management Law establishes that these forests must be conserved or used sustainably, the lack of an official land-use designation makes them more vulnerable to land grabbing and, consequently, to illegal deforestation and degradation.

Research by IPAM reveals that between 2019 and 2021, more than half (51%) of all deforestation occurred on public lands, with undesignated public forests being the most affected: the deforested area increased by 85%, rising from 1,743 km² cleared annually to more than 3,228 km².

The same study shows how legal mechanisms are used to disguise land grabbing. By the end of 2020, more than 18 million hectares of undesignated public forests had been illegally declared as private properties in SICAR (the National Rural Environmental Registry).

 

Why are public forests a major target for land grabbers?

Weakening environmental enforcement is the main factor that allows land grabbing in these forests to increase. Individuals and companies rarely attempt to seize land without knowing it is public.

In addition to the rise in fraudulent CAR (Rural Environmental Registry) records, the declared areas have been growing increasingly large. An IPAM technical note shows that in 2021, about 44% of CAR registrations overlapping undesignated public forests exceeded 1,500 hectares. This is “strong evidence that land grabbing is linked to actions by well-capitalized and organized groups increasingly seeking to occupy large portions of public land”.

 

How does land grabbing in public forests work in practice?

In most cases, land grabbers first survey the land to identify its characteristics—for example, whether it is flat and has easy access to water and roads.

Once the location is chosen, the cycle begins:

  1. they enter the area, using the CAR as a supposed proof of ownership;
  2. they deforest the land; and then
  3. they initiate a process similar to real estate speculation, aiming to sell the cleared land for other uses, especially cattle ranching. To give an idea, more than 70% of deforestation in undesignated public forests is converted into pasture for cattle.

To learn more about land grabbing, read the booklet For an Amazon Free of Land Grabbing, by Amazoniar, in Portuguese. 

 

How can undesignated public forests be protected?

Land-use designation is one of the most urgent and effective environmental policies to protect public forests from deforestation and degradation. Science has already shown that these forests are better preserved under the stewardship of Indigenous Peoples and traditional communities: together, Indigenous lands and protected areas store about 56% of the carbon in the Brazilian Amazon.

One instrument that can facilitate land regularization and designation is the CDRU (Concession of Real Right of Use). Through this administrative contract, the government can grant the use of a specific area to Indigenous and traditional populations, helping to guarantee their rights while safeguarding the public interest in protecting forests.

At the same time, it is essential to strengthen environmental enforcement and control, the most effective action for reducing deforestation in the short term. This means reinforcing inspections and applying penalties for the commission and financing of environmental crimes.

Learn about other alternatives to combat deforestation in the booklet “Solutions to Deforestation in the Amazon, by Amazoniar in Portuguese.

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