Indigenous Peoples Rights in the UNFCCC Negotiations: Challenges and Ways Forward

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1 Indigenous Peoples Rights in the UNFCCC Negotiations: Challenges and Ways Forward Victoria Tauli-Corpuz Executive Director, Tebtebba Chair, UN Permanent Forum On Indigenous Issues 1

2 Outline Why are human rights and IP Rights important for climate change? Assessment of inclusion of human rights and IP rights in the texts? Challenge of maintaining and enhancing these references Ways forward 2

3 An urgent challenge for Indigenous Peoples Countries most affected by 6 climate threats Drought Flood Storm Coastal 1m Coastal 5m Agriculture Malawi Bangladesh Philippines All low-lying Island States All low-lying Island States Sudan Ethiopia China Bangladesh Vietnam Netherlands Senegal Zimbabwe India Madagascar Egypt Japan Zimbabwe India Cambodia Vietnam Tunisia Bangladesh Mali Mozambique Mozambique Moldova Indonesia Philippines Zambia Niger Laos Mongolia Mauritania Egypt Morocco Mauritania Pakistan Haiti China Brazil Niger Eritrea Sri Lanka Samoa Mexico Venezuela India Sudan Thailand Tonga Myanmar Senegal Malawi Chad Vietnam China Bangladesh Fiji Algeria Kenya Benin Honduras Senegal Vietnam Ethiopia Iran Rwanda Fiji Libya Denmark Pakistan Low Income Middle income 3 Source: World Bank

4 Why IP rights and human rights in climate change? UNPFII Report 2007: Oil Palm and Other Commercial Tree Plantations, Monocropping: Impacts on Indigenous Peoples Land Tenure and Resource Management Systems and Livelihoods. UNPFII 6 th Session (2008) Climate change and Indigenous Peoples Special Report: Impact of Climate Change Mitigation Measures on territories and lands of indigenous peoples Reports can be found in 4

5 Why human rights and indigenous peoples' rights? Office of the High Commissioner on Human Rights Report (A/HRC/10/61, 15 Jan. 2009) concludes that climate change impacts have serious implications for effective enjoyment of human rights. Resolution 10/30 (2009) of the HRC implications on right to life, right to adequate food, health, housing, water, self-determination,etc. Recognized indigenous peoples as specifically vulnerable. 5

6 Highlights of Indigenous Peoples' Summits on CC Asia (Bali, Feb. 2009), Africa (Nakuru,March 2009) Latin America (Lima, March 2009), Global Summit (Anchorage Declaration, April 2009) Indigenous peoples' contributions to mitigation: protection of forests, struggles against oil, gas and mineral extraction, low or carbon neutral livelihoods (shifting cultivation, pastoralism,nontimber forest products extraction, etc. Local Adaptation measures: disaster management (floods, droughts, landslides,etc.) sustainable agriculture (crop development, diversification) use of traditional forest management practices, etc. Link of implementation of UNDRIP with climate change solutions and approaches 6

7 Strategies and Ways Forward Raise awareness of indigenous peoples on climate change and negotiations. Disseminate more widely indigenous peoples' views on issues under negotiations and craft language to be submitted to Parties. Enhance participation and capacities of indigenous peoples to influence climate change processes at the national and global level. (funding support, training) 7

8 Strategies and Ways Forward - Strengthen indigenous peoples' self-determined development initiatives related to climate change adaptation and mitigation. - Generate more resources (funds, human resources, technologies) to support indigenous peoples to adapt and mitigate and to get their rights recognized. - Raise capacities of indigenous peoples to use complaints mechanisms under the Human Rights Treaty bodies, MFIs' Inspection Panels, Ombudsman, etc. 8

9 Strategies and Ways Forward Ensure that language in the COP Agreements, whether under Shared Vision, Adaptation, Mitigation (REDD+), Finance, Technology Transfer, Capacity Building, on human rights, UNDRIP, traditional knowledge, free, prior and informed consent, full and effective participation of indigenous peoples, etc. are maintained and further improved. 9

10 Strategies and Ways Forward Work towards reforming existing national policies and laws which are discriminatory to indigenous peoples and develop laws consistent with international human rights standards and instruments, such as the UNDRIP. Urge governments and the UN system to implement the UNDRIP. THANK YOU. 10