October 13, 2010 Kristen Hite, CIEL

Similar documents
Climate Change, Human Rights & Indigenous Peoples

COMPILED RECOMMENDATIONS FROM INDIGENOUS PEOPLES IN THE VARIOUS COMMUNICATIONS TO THE WORLD BANK 1

Thematic Report on Freedom of Association and Peaceful Assembly in the context of the exploitation of natural resources

Duty to Consult, Reconciliation and Economic Development Frameworks

JOINT COMMITTEE ON HUMAN RIGHTS COMMITTEE OFFICE, HOUSE OF COMMONS 7 MILLBANK, LONDON SW1P 3JA

Global Indigenous Peoples Dialogue with the. Forest Carbon Partnership Facility (FCPF) December 2012, Doha, Qatar

COOKBOOK ANNEX. Research Manual Vol. 3 Social Safeguards TAKUYA FURUKAWA, SEIJI IWANAGA, KIMIKO OKABE & MIKI TODA

Proposal for a First Nations Review Process for the Enbridge Gateway Pipeline

Indigenous Peoples and Sustainable Development:

CBD. Distr. GENERAL. CBD/COP/DEC/XIII/18 17 December 2016 ORIGINAL: ENGLISH

IUCN s Rights-Based Approach: A Systematization of the Union s Policy Instruments, Standards and Guidelines

information on safeguards (SIS): Inclusion of data relevant for indigenous peoples

Human Rights Policy July Version 2 - FINAL

Comments on the UN REDD Programme Principles and Criteria and Benefit and Risk Assessment Tool

Summary of the Indigenous Peoples' Consultation with the Asian Development Bank, November 27 th 2007

THE SYSTEM OF PROVIDING INFORMATION ON SAFEGUARDS (SIS) SHOULD BE BASED ON RIGHTS-BASED INDICATORS TO ASSESS, AMONG OTHERS:

Briefing Note. Protected Areas and Indigenous Peoples Rights: Applicable International Legal Obligations

Towards Transparency, Participation & Accountability

Indigenous peoples: Consultation and participation

A complaint mechanism for REDD+

ASIA INDIGENOUS PEOPLES PACT (AIPP) SUBMISSION ON SAFEGUARDS INFORMATION SYSTEM (SIS)

Forest Peoples Programme

Position statement on indigenous peoples and mining

Inter-American Development Bank. Operational Policy on Indigenous Peoples

The concept of Free, Prior and Informed Consent, which

Relocation of Kiruna and Building the Markbygden Wind Farm and the Sami Rights

Brussels, (2018) Ares. Dear Mrs Tauli-Corpuz, dear Mr Forst, dear Mr Knox,

Comments on Suriname RPP (23 February 2013)

Safeguarding the Living Breath of Life

Rights to land, fisheries and forests and Human Rights

2 The Global Environment Facility

SUBMISSIONS TO THE WORKING GROUP ON EXTRACTIVE INDUSTRIES, ENVIRONMENT AND HUMAN RIGHTS VIOLATIONS IN AFRICA

Using International Law to Advance Women s Tenure Rights in REDD+ Allison Silverman Edited by: Niranjali Amerasinghe

IN THE HIGH COURT OF BOTSWANA

Indigenous and Tribal Peoples and the ILO

Comments submitted by the ILO

World Bank Safeguard Policies Review and Update. Dialogue with Indigenous Peoples October March 2014 SUMMARY

An informal aid. for reading the Voluntary Guidelines. on the Responsible Governance of Tenure. of Land, Fisheries and Forests

A/HRC/21/23. General Assembly. Report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples.

First Draft. Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests

provides this advice on the basis of the 1995 Act on the Sámi Parliament. 2

SUMMARY EQUIVALENCE ASSESSMENT BY POLICY PRINCIPLE AND KEY ELEMENTS

Introduction. - RSPO Standards and FPIC - Cross reference of other criteria - P&C review and FPIC implementation 5/11/2012

Pro-poor REDD+ International negotiations and national REDD+ programmes: the current state of play

UN-REDD PARTICIPATION AND CONSULTATION STANDARDS, GUIDELINES AND COUNTRY EXPERIENCES. National REDD+ Processes

University of Oklahoma College of Law International Human Rights Clinic

IGES International Conference REDD+ Safeguards-Fundamental; not an add-on

Legal Submission to the Maastricht Panel of Arbitration

No. 76 of Land (Ownership of Freeholds) Act Certified on: / /20.

Questionnaire to UN system

Human Rights and Business Fact Sheet

Annex II. The Benefits of Integrating Human Rights Risk Information into the World Bank s Due Diligence

meet or assemble peacefully, and form, join and participate in non-governmental organizations, associations or groups; know, seek, obtain, receive

Ensuring protection European Union Guidelines on Human Rights Defenders

Indigenous and Tribal Peoples Convention, 1989 (No. 169)

Information Note Civil Society and Indigenous Peoples Organizations Role in REDD+

TAKING ACTION, BUILDING TRUST

INTEGRATING THE APPLICATION OF GOVERNANCE AND RIGHTS WITHIN IUCN S GLOBAL CONSERVATION ACTION

Article 31 Freedom of Association

Indigenous Peoples' Declaration on Extractive Industries. Indigenous Peoples Declaration on Extractive Industries

UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

United Nations Declaration on the Rights of Indigenous Peoples Provisions Relevant to "Consent" 14 June

OPERATIONALIZING FREE, PRIOR, AND INFORMED CONSENT. Carla F. Fredericks* I. INTRODUCTION

FACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1

Annex II. UN Declaration on Human Rights Defenders

National Human Rights Institutions and Indigenous Peoples

Pacific Indigenous Peoples Preparatory meeting for the World Conference on Indigenous Peoples March 2013, Sydney Australia

Goal 6 Ensure availability and sustainable management of water and sanitation for all

Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm)

POLICY BRIEF Progress and Recommendations for the Design of a National REDD+ Safeguards for Mexico

Review and Update of the World Bank s Environmental and Social Safeguard Policies Phase 2 Consultations Feedback Summary

United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) study on free, prior and informed consent

ACCESS TO GENETIC RESOURCES AND ASSOCIATED TK AND ITS RELEVANCE TO THE INTERNATIONAL ABS REGIME- SOME VIEWS AND POSSIBLE OPTIONS

DECLARATION ON THE FUNDAMENTAL RIGHTS OF THE CITIZENS OF THE SOVEREIGN STATE OF GOOD HOPE

ETFRN News 55: March 2014

VOLUNTARY GUIDELINES FOR THE REPATRIATION OF TRADITIONAL KNOWLEDGE

Conservation, Poverty and Indigenous Peoples:

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security

International Forum on Closing the Gap: Human Rights, Deforestation and Supply Chains

Sample Provisions from National Constitutions

2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

A Guide to Indigenous Peoples Rights in the International Labour Organization

CBD. Distr. GENERAL. CBD/WG8J/10/2 11 September 2017 ORIGINAL: ENGLISH

Economic and Social Council

IUCN Policy on Conservation and Human Rights for Sustainable Development

Economic and Social Council

OECD-FAO Guidance for

3. This means that. 2 Sections 211 and 39 of the Constitution. 3 South Africa has signed and ratified this Charter and is thus bound by it.

Performance Standard 5 Land Acquisition and Involuntary Resettlement

HUMAN RIGHTS IN CONSERVATION: PROGRESS SINCE DURBAN CONSERVATION INITIATIVE ON HUMAN RIGHTS

Review of the Navigation Protection Act and First Nations

Safeguards Roadmap for Vietnam s National REDD+ Action Programme. Le Ha Phuong Vietnam REDD+ Office, Safeguard Officer Tokyo, 4-5 Dec 2013

Annex III: Results table for 2011 reported through the

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Citation: Phone: +62 (21) Fax: +62 (21) Funding: Rainforest Foundation, Norway

1. The Primacy of Human Rights

COMMITTEE ON THE RIGHTS OF THE CHILD. Fortieth session CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION

HRBA, ENVIRONMENT AND CLIMATE CHANGE

Review and Update of the World Bank s Environmental and Social Safeguard Policies Phase 2 Feedback Summary

Goal 11: Make cities and human settlements inclusive, safe, resilient and sustainable

Transcription:

October 13, 2010 Kristen Hite, CIEL

Rights-based International Instruments Underlying obligations

Self-determination Lands, territories and natural resources Culture Freedom from racial discrimination Life and livelihoods. No universal definition

Free should imply no coercion, intimidation or manipulation; Prior should imply consent has been sought sufficiently in advance of any authorization or commencement of activities and respect time requirements of indigenous consultation/consensus processes; Informed should imply that information is provided that covers (at least) the following aspects: a. The nature, size, pace, reversibility and scope of any proposed project or activity; b. The reason/s or purpose of the project and/or activity; c. The duration of the above; d. The locality of areas that will be affected; e. A preliminary assessment of the likely economic, social, cultural and environmental impact, including potential risks and fair and equitable benefit sharing in a context that respects the precautionary principle; f. Personnel likely to be involved in the execution of the proposed project (including Indigenous Peoples, private sector staff, research institutions, government employees and others) g. Procedures that the project may entail.

Consent Consultation and participation are crucial components of a consent process. Consultation should be undertaken in good faith. The parties should establish a dialogue allowing them to find appropriate solutions in an atmosphere of mutual respect in good faith, and full and equitable participation. Consultation requires time and an effective system for communicating among interest holders. Indigenous Peoples should be able to participate through their own freely chosen representatives and customary or other institutions. The inclusion of a gender perspective and the participation of indigenous women is essential, as well as participation of children and youth as appropriate. This process may include the option of withholding consent. Consent to any agreement should be interpreted as Indigenous Peoples have reasonably understood it.

United Nations Declaration on the Rights of Indigenous Peoples Universal Declaration on Human Rights International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights International Convention on the Elimination of All Forms of Racial Discrimination ILO Convention 169 Convention on the Protection and Promotion of the Diversity of Cultural Expressions Convention on Biological Diversity

Country Univ. Decl. on Human Rights¹ Intl. Covenant on Econ., Social & Cultural Rights Intl Covenant on Civil & Political Rights Int. Conv. on the Elim. of Racial Discr. Conv. on Biological Diversity ILO Conv. 169 Cambodia Applies Party Party Party Party X Democratic Republic of the Congo Applies Party Party Party Party X Indonesia Applies Party Party Party Party X Nepal Applies Party Party Party Party Party Papua New Guinea Paraguay UN Decl on the Rights of Indigenous Peoples Voted in Favor Voted in Favor Voted in Favor Voted in Favor World Cultural & Natural Heritage Conv. Conv. on Safeguard. of Intangible Cultural Heritage Conv. on Prot. & Prom. of Cultural Diversity Conv. on the Rights of the Child Conv. on the Elim. Discr. Against Women Party Party Party Party Party Party X X Party Party Party Party X Party Party Party X X Party Party Applies Party Party Party Party X Not Present Party Party X Party Party Applies (Voted in favor) Party Party Party Party Party Tanzania Applies Party Party Party Party X Vietnam Applies Party Party Party Party X Zambia Applies Party Party Party Party X Voted in Favor Voted in Favor Voted in Favor Voted in Favor Party Party Party Party Party Party X X Party Party Party Party Party Party Party Party Party X Party Party

Right Decision- Making, Consent, Access to InformaMon, ParMcipaMon Property, Lands, Territories, and Natural Resources Self- DeterminaMon Select obligations relevant to REDD and FPIC Univ. Decl. on Human Rights Int. Cov. on Econ., Soc. & Cult. Rights Int. Cov. On Civ. & Pol. Rights Art. 21.1, 21.2, 21.3 Art. 13.1 Art. 14.1, 25(a)- (c ) Art. 12, 13.2, 17.1 17.2 Art. 3, 33.1 Art. 2.2, 26, Non- DiscriminaMon Art. 1, 2, 7 Art. 2.1 27 Int. Conv. on the Elim. of Racial Discr. Art. 5(c) Art. Art. 12.1 Art. 5.1(d) Conv. On Biological Diversity ILO Conv. 169 UN Decl on the Rights of Indig. Peoples Art. 6.1(a)- (b), 7.1, 7.3, Art. 5, 10, 10 (c)- 12, 15.1, 11.2, 18, 19, (d) 16.2, 17.2, 33.1, 33.2 (a)- (d) 23, 28.1, 32.2 Art. 8(j), 10(c )- (e) Art. 13, 14, 15, 16.1-16.5 Art. 1.1, 1.3Art. 1.1 Art. 7.1 Art. 3 Art. 1.1, 2.1, 2.1(c ) Culture Art. 27.1 Art. 15.1(a) Art. 10(c) Art. 5 Life, Livelihood/ Art. 3, Adequate Standard of 25.1 Living and Health Religion,Sacred Sites Art. 18 Right to Work Healthy Environment & Sust. Development Art. 1.2, 11.1, 11.2 a- b, 12.1, 12.2 a- d Art. 6.1, 7 (a)- (d) Art. 1.2, 6.1 Art. 18.1, 18.3, 27 Art. 5.1(e) Art. 8(j) Art. 7.2, 25 Art. 5.1(d) Art. 5.1(e) Art. 2(b), 10, 25, 26.1.1, 26.1.2, 29.1 Conv. On the Safeguard. of Int. Cult. Heritage Art. 15 Univ. Decl. on Cult. Diversity Art. 6, 12 Conv. On the Prot. And Prom. Of Cult. Diversity Art. 9(a)- (c ), 11 Art. 3.1 Art. 2 Art. 4 Art. 2.3 Art. 5(a) Art. 5.1(a)- (c ) Art. 11.1, 15.1, 34 Art. 7, 21.1, 24.2 Art. 12.1, 12.2 Art. 20.1, 20.2 Art. 6(a)- Art. 7.2, 7.4, (b), 8(e), 8 Art. 29.2 30.1 (j), 10 Access to Remedies Art. 8 Art. 2.3 Art. 6 Art. 11.2 Art. 11(a), 12, 13(a), 13(b), 13 (d)(iii) Art. 3, 5, 7, 9, 11, 12(a) Conv. On the Rights of the Child Art. 12.1 Art. 1, 2.2, Art. 29.1 5.2, 8.2 (c )- (d) Art. 2.5, 2.6, 13 Art. 6.1, 6.1, 24.1, 27.1 Art. 14.1 Art. 29.1 (e) Conv. on the Elim. Discr. Against Women Art. 14.2 (a), 14.2(f) Art. 14.2, 15.2-15.4 Art. 14.2 (h) Art. 14.2 (e) Art. 14.2 (a) Access to JusMce Art. 6, 7 Art. 16 Art. 5.1(a) Art. 11.2, 32.3, 40 Art. 12.2

Article 10: no relocation without FPIC Article 11 requires jointly agreed (State-indigenous peoples) procedures for restitution for property taken without FPIC Article 19 requires consultation and cooperation in good faith through indigenous representative institutions in order to obtain FPIC before adopting and implementing legislative or administrative measures that may affect them; Article 28 affirms the right to redress for lands confiscated, taken, occupied, used or damaged without FPIC Article 32: duty to consult and cooperate prior to the approval of any project affecting indigenous lands or territories and other resources.

Americas: Saramaka State awarded concessions on tribal land Consultations must be in good faith, through culturally appropriate procedures and with the objective of reaching an agreement. Must both accept and disseminate information, constant communication between the parties. Africa: Endorois State designated indigenous land as a game reserve Applied UNDRIP and FPIC Affirmed right to culture FPIC requires full and accurate information on the nature and consequences of the process Informed includes notification of adverse consequences, including no right to return

UN Agencies/UN-REDD Beyond the UN system

Secretary General: mandate to apply rightsbased approacah UNDRIP: article 42 UNDG Guidelines: Applies FPIC to decisions taken involving indigenous peoples lifestyles, traditional lands and territories, cultural integrity.

UN-REDD: requires FPIC Voluntary standards: CCBA World Bank/IFC: consultation versus consent UNFCCC: draft REDD language

UNREDD: experiences and reflections

Applies FPIC and rights-based approach. Applies UNDRIP Applies UNDG guidelines

Example of UNDG guidelines interpreting UNDRIP: The prospecting of natural resources on indigenous land should not be granted if the activity hinders indigenous peoples to continue to use and/or benefit from these areas where FPIC has not been obtained. No decisions directly related to rights and interests taken without informed consent in matters related to indigenous peoples lifestyles, traditional lands and territories, cultural integrity.

Vietnam Focus on UNDRIP No boilerplate: Respect community process Respect right to culture Grievance mechanism necessary to resolve conflicts Panama Focus on collective rights Frustration with systematic rights violations Respect right to selfdetermination Consultation v consent

2024 © lawsdocbox.com Privacy Policy | Terms of Service | Feedback