A/HRC/36/46
management and strengthened social protection frameworks to more effectively mitigate
the multiple social, economic and environmental impacts on indigenous peoples.
Furthermore, they have urged States to intensify the efforts to address climate change,
including through carbon reduction schemes, and to take all necessary measures to mitigate
the adverse consequences on the rights to food and to water of indigenous peoples. 13
28.
The Office of the United Nations High Commissioner for Human Rights has
addressed the adverse effects of climate change on human rights (A/HRC/10/61) and in
October 2016 hosted an expert meeting which highlighted the impact climate change has on
indigenous peoples. 14 The Office’s key messages on climate change and human rights,
published prior to the twenty-first session of the Conference of the Parties to the United
Nations Framework Convention on Climate Change, held in Paris in December 2015,
emphasized the right of indigenous peoples to participate in decision-making and to benefit
from the use of their knowledge, innovations and practices.
29.
On 5 June 2015, World Environment Day, in a joint public statement, 27 special
procedure mandate holders, including the Special Rapporteur on the rights of indigenous
peoples, urged States to make sure that human rights are at the core of climate change
governance.15
30.
In 2016, the Special Rapporteur on the issue of human rights obligations relating to
the enjoyment of a safe, clean, healthy and sustainable environment examined States’
human rights obligations in the context of climate change and highlighted the rights of
indigenous peoples (A/HRC/31/52).
31.
Concerns over climate change are also increasingly being raised by States in the
context of the universal periodic review process, further highlighting the growing
recognition of climate change as a human rights issue. The Council has adopted several
resolutions related to climate change and indigenous peoples. 16
V. Human rights and other international standards, including
the United Nations Framework Convention on Climate
Change and the Paris Agreement
32.
Climate change has a negative impact on a broad range of human rights and
indigenous peoples are particularly vulnerable due to the exposure of their traditional lands
and territories. Human rights obligations entail State obligations to respect, protect and
fulfil human rights and redress violations. These duties require States to take action to meet
their obligations on human rights issues stemming from climate change. Human rights
bodies have established that States’ human rights obligations include a duty to protect rights
holders against foreseeable environmental impairment of human rights, whether or not the
particular environmental harm violates human rights law and even when the harm is not
directly caused by the State (A/HRC/25/53, A/HRC/31/52). States have specifically
committed to international cooperation through a range of international treaties.
33.
As noted by the Permanent Forum on Indigenous Issues, the international system as
a whole requires that all the various international legal “subsystems”, including those
governing human rights and climate change, act consistently (E/C.19/2010/7).
34.
The rights of indigenous peoples pertinent to climate change are firmly established
in a range of international standards that converge in various branches of international law,
notably international human rights law, international environmental law and international
labour law. In the preparation of the present report, the Special Rapporteur requested States
13
14
15
16
See CEDAW/C/HND/CO/7-8, CEDAW/C/VCT/CO/4-8, CRC/C/SUR/CO/3-4, CRC/C/NZL/CO/5,
E/C.12/CAN/CO/6, E/C.12/FIN/CO/6 and E/C.12/AUS/CO/4. Treaty body concluding observations
are available from http://uhri.ohchr.org/.
See www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/HRClimateChangeIndex.aspx.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16049&LangID=E.
Resolutions 10/4 (2009), 18/22 (2011), 26/27 (2014), 29/15 (2015) and 32/33 (2016).
7