A/HRC/36/46
must be an integral component of all decisions and actions taken on climate change
mitigation and adaptation measures.
119. In order to prove their commitment to honour their human rights obligations,
States must acknowledge the implications of climate change on human rights in the
context of climate change mitigation and adaptation law and policies. As noted by the
Intergovernmental Panel on Climate Change, indigenous traditional knowledge
systems and practice are a major resource for adapting to climate change and will
contribute to making such measures more effective.
120. Climate finance has the potential to reinforce the efforts of indigenous peoples
to adapt to the impacts of climate change and contribute to climate change mitigation.
However, it also has the potential to create adverse impacts which undermine the
rights of indigenous peoples. Violations of indigenous peoples’ rights have been seen in
the implementation of renewable energy projects such as hydroelectric dams and
windmills and REDD-plus projects.
121. Regarding climate change funds, indigenous peoples’ rights are referred to in
the policies and safeguards of REDD-plus, the Green Climate Fund, the Adaptation
Fund and the Global Environmental Facility. The practical application of these
policies, however, requires continuous independent monitoring. Some climate finance
mechanisms still fail to acknowledge the United Nations Declaration on the Rights of
Indigenous Peoples and human rights standards. The adoption of a human rightsbased approach to all climate finance is crucial.
B.
Recommendations
122.
States should:
(a)
Adopt all necessary policy, legal and administrative measures to
effectively engage indigenous peoples in climate change adaptation and mitigation
measures with full recognition of their rights over their lands, territories and
resources as enshrined in international human rights law and recognized in the United
Nations Framework Convention and the Sustainable Development Goals;
(b)
Ensure that indigenous peoples are effectively included in national
climate change planning and monitoring processes;
(c)
Comply with the duty to consult and obtain the free, prior and informed
consent of indigenous peoples at all stages in the development of climate change
initiatives which may affect their rights;
(d)
Promote participation of indigenous self-governance structures, which
should be formally included in decision-making relating to international climate
change policies and finance measures;
(e)
Devote resources to providing capacity-building for all stakeholders
relating to climate finance, in particular supporting long-term capacity-building that
enhances the transfer of technical knowledge;
(f)
Support partnerships between government authorities and indigenous
peoples to encourage intercultural engagement in order to build trust and
collaboration to favour shared goals of climate change action;
(g)
Ensure that gender considerations are adequately integrated into the
development of climate change adaptation and mitigation policies and projects;
(h)
Provide funding for reparation, and notably for the Warsaw
International Mechanism for Loss and Damage Associated with Climate Change
Impacts.
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