A/HRC/36/46
parties established the Warsaw International Mechanism for Loss and Damage Associated
with Climate Change Impacts, including extreme events and slow-onset events in
developing countries that are particularly vulnerable to the adverse effects of climate
change.40
69.
The Paris Agreement affirms in article 8 that parties should enhance understanding,
action and support, including through the Warsaw International Mechanism, on a
cooperative basis with respect to loss and damage associated with the adverse effects of
climate change. As noted by the Special Rapporteur on human rights and the environment,
it is important to apply a human rights perspective when identifying the types of loss and
damage (see A/HRC/31/52, para. 64). It is furthermore of crucial importance that the rights
of indigenous peoples be taken into due account when addressing loss and damage caused
by climate change.
70.
In conclusion, the present section of the report demonstrates the synergies and
complementarity between human rights and international environmental law. There is
increasing convergence regarding key principles and standards, notably in relation to the
right to access information, the right to participation and the rights to seek redress and
receive reparation. It is an important and positive development that climate change law and
policy are gradually recognizing and incorporating human rights provisions in response to
calls from indigenous peoples and human rights bodies.
G.
Sustainable Development Goals
71.
Although not legally binding, the Sustainable Development Goals, adopted in 2015,
constitute the global development agenda until 2030. They incorporate several important
elements relevant to climate change and indigenous peoples’ rights.
72.
The voice of indigenous peoples is key in moving towards greater policy coherence.
This is particularly the case when development interventions seek to attain intrinsically
linked objectives related to economic growth, poverty reduction, sustainable development
and climate change. 41 The following highlights some of the Goals that climate change
policy and finance need to take into account to address the rights of indigenous peoples.
73.
The Goal relating to climate change establishes targets for the promotion of
mechanisms for raising capacity for effective climate change-related planning and
management in least developed countries, including focusing on women, youth and local
and marginalized communities (target 13.b). This target relates to, and should be read in
conjunction with, the Declaration which in article 5 provides that “indigenous peoples have
the right to maintain and strengthen their distinct political, legal, economic, social and
cultural institutions, while retaining their right to participate fully, if they so choose, in the
political, economic, social and cultural life of the State” and to article 18, which provides
indigenous peoples with the “right to participate in decision-making in matters which
would affect their rights, through representatives chosen by themselves in accordance with
their own procedures, as well as to maintain and develop their own indigenous decisionmaking institutions”.
74.
The Goal relating to the need to sustainably manage forests, combat desertification,
halt and reverse land degradation and halt biodiversity loss calls for the mobilization and
significant increase of financial resources from all sources to conserve and sustainably use
biodiversity and ecosystems (target 15.a). It also calls for the mobilization of significant
resources from all sources and at all levels to finance sustainable forest management and
provide adequate incentives to developing countries to advance such management,
including for conservation and reforestation (target 15.b). The latter target relates to article
39 of the Declaration, which provides for the right of indigenous peoples to access financial
and technical assistance from States and through international cooperation for the
enjoyment of the rights contained in the Declaration.
40
41
See http://unfccc.int/adaptation/workstreams/loss_and_damage/items/8134.php.
ILO, Indigenous Peoples and Climate Change, p. 20.
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