A/HRC/36/46 contribute to the causes of poverty and further denial of the right to self-determination among indigenous communities. 42. The right to development is affirmed in several provisions of the Declaration, notably article 32 (1), which states that “indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources”.20 43. Climate actions that do not consider differentiated responsibilities among States may undermine the right to development of indigenous peoples, especially those who live in developing countries. When the burden of climate change is not shared in a differentiated manner, developing countries are compelled to divert funding away from social policies to deal with the emergency and long-term impacts of climate change. B. Land rights, the right to participation and free, prior and informed consent 44. The Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO) enshrines land rights for indigenous peoples in articles 14 to 19. The Declaration, which consolidates the rights of indigenous peoples already recognized in other human rights instruments and through the jurisprudence of human rights treaty bodies, affirms the right of indigenous peoples to own and control their lands (arts. 25, 26 and 27). 45. The Declaration sets out that States shall consult and cooperate with indigenous peoples to obtain their free, prior and informed consent before adopting measures or approving projects that may affect them (arts. 27 and 32). The Declaration furthermore affirms that indigenous peoples have 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 decision-making institutions (arts. 5, 18 and 27). 46. The right to participation is also entrenched in the United Nations Framework Convention on Climate Change. Article 6 establishes that all parties to the Convention shall promote and facilitate public access to information on climate change and its effects, and public participation in addressing climate change and its effects and developing adequate responses. 47. The Cancun Agreements, adopted at the sixteenth session of the Conference of the Parties to the Convention, held in 2010 (FCCC/CP/2010/7/Add.1), recognize that the participation of indigenous peoples is important for effective action on all aspects of climate change. In an analogous manner, the General Assembly has also recognized the importance of public participation in addressing the impacts of climate change and recognized the need to engage a broad range of stakeholders at the global, regional, national and local levels, and that indigenous peoples are important for effective action on all aspects of climate change.21 48. A prerequisite to ensuring effective participation is the provision of and access to information. As set out in article 4 (1) (f) of the Convention, States should undertake environmental impact assessments and ensure that such information is publicly available. 22 The Special Rapporteur on human rights and the environment has underlined the importance of undertaking assessments of actions designed to alleviate the effects of climate change (see A/HRC/31/52, para. 53). Furthermore, the International Court of Justice has affirmed that it is a requirement under general international law to undertake an environmental impact assessment where there is a risk that an activity may have a 20 21 22 See also articles 21 and 23. Resolution 67/210, para. 12. UNEP, Climate Change and Human Rights, pp. 16-17; see also A/HRC/31/52, paras. 50-55. 9