A/HRC/36/46 Covenant on Economic, Social and Cultural Rights 34 and the Convention on the Rights of the Child.35 62. The specific reference to conservation in article 29 of the Declaration is also relevant to many climate change mitigation projects. This article states that indigenous peoples have the right to the conservation and protection of the environment and to the productive capacity of their lands or territories and resources and that States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 63. International cooperation is imperative to address climate change. The effects of climate change are significantly higher in developing countries, where indigenous peoples often are the most exposed due to their geographic location and high poverty rates. F. Right to redress and reparation 64. Climate change is already having a severe impact on indigenous peoples by damaging their natural resources. Climate mitigation measures undertaken without their free, prior and informed consent are forcing indigenous peoples to leave their lands and territories. 65. The rights to redress and reparation are well-established principles of international law36 and reflected in human rights treaties. 37 Article 8 of the Declaration sets out the right to effective mechanisms for prevention of, and redress for, actions which have the aim or effect of dispossessing indigenous peoples of their lands, territories or resources. 66. The Declaration (art. 10) stipulates that indigenous peoples shall not be forcibly removed from their lands unless they have provided their free, prior and informed consent. Should such violations have occurred, victims have the right to fair redress, including restitution and compensation, and, where possible, the option of returning to their lands. When this is not possible, they are entitled to just, fair and equitable compensation for the lands, territories and resources which they have traditionally owned or otherwise occupied or used and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. Compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress (article 28 of the Declaration). 67. Human rights treaty bodies have expressed concerns over the forcible displacement of indigenous peoples, noting the special relationship that indigenous peoples have with their land and the profound impact forced displacement has on their survival, and urged States to provide reparation, with emphasis on the obligation to provide restitution of the original lands.38 Reparation measures should be provided in accordance with international standards and, where appropriate, entail elements of restitution, compensation, rehabilitation, satisfaction and guarantees of non-recurrence.39 68. The United Nations Framework Convention does not recognize a right to access justice or remedies for individuals; it refers only to modalities for dispute settlement between parties. At the nineteenth session of the Conference of the Parties, held 2013, 34 35 36 37 38 39 12 Articles 2 (1), 11 (2), 15 (4), 22 and 23. Articles 4 and 24 (4). Factory at Chorzów (Germany v. Poland), Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, pp. 21, 47; International Law Commission, draft articles on responsibility of States for internationally wrongful acts, Official Records of the General Assembly, Fifty-sixth Session (A/56/10), chap. IV.E.1. Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2 (3) (a), International Convention on the Elimination of All Forms of Racial Discrimination, art. 6. Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997) on the rights of indigenous peoples; CERD/C/BWA/CO/16; CERD/C/NAM/CO/12; E/C.12/MEX/CO/4. General Assembly resolution 60/147.

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