A/HRC/54/31
European Investment Bank and wind power projects in Norway and Mexico funded by a
German-based investment and asset company and Electricité de France, respectively.57 There
are growing concerns that hydropower projects are funded under the “clean energy”
umbrella, despite their negative impacts on people and the deterioration of surrounding
ecosystems that they cause.
44.
Participation or co-ownership of projects with Indigenous Peoples reduces risks for
investors. For example, Hydro-Québec, a bond-funded Canadian public corporation, adopted
a policy in 2019 formalizing its commitment to involve Indigenous Peoples in its decisions
and initiatives. The policy was built on long-standing partnerships with Indigenous Peoples,
including a 1992 agreement to implement remedial works jointly and a 2002 agreement on
joint planning, studying, implementation and operation of hydropower projects. 58
45.
Governments need to incorporate a human rights-based approach in their energy
transition plans.59 For example, in 2022 the Government of Chile launched its national energy
transition strategy, with specific reference to clean energy projects designed and co-led by
Indigenous Peoples, and a mechanism to facilitate access to funding for Indigenous projects
through partnerships. The strategy provides for transparent mechanisms to foster the
leadership of Indigenous Peoples in the design and management of such projects and
prioritize investment and financing initiatives aimed at improving Indigenous Peoples’
access to energy services and their development.60
46.
Canada has many examples of Indigenous-led green energy projects that receive
federal funding or are a result of joint ventures between Indigenous Peoples and private
companies. Indigenous Peoples in Canada currently own, co-own or derive financial benefit
from almost 20 per cent of the country’s electricity-generating infrastructure as owners of
land and treaty rights, including the right to economic self-determination.
B.
Carbon emission-reducing initiatives and programmes
47.
In recent years, private investors, Governments, NGOs and businesses have
increasingly purchased carbon credits from the mechanism for reducing emissions from
deforestation and forest degradation in developing countries and additional forest-related
activities that protect the climate (REDD-plus) and other offset projects to negate their own
emissions – either in the context of the compliance market or the voluntary market. This
increased interest from international carbon markets poses a threat to the land security of
Indigenous Peoples. The booming voluntary carbon market is not yet fully regulated and
where regulations exist, there are no mechanisms to ensure enforcement. The rising economic
value of carbon sequestered on Indigenous lands promotes land-grabbing by both the public
and private sectors.61 Failure to regulate carbon market prices also means that Indigenous
Peoples living in developing countries receive remuneration at a highly underestimated
value. Indigenous representatives at the twenty-seventh Conference of the Parties to the
United Nations Framework Convention on Climate Change declared that carbon markets and
offsets, geo-engineering, net zero frameworks, nature-based solutions and ecosystem
services did not cut emissions and were new forms of green colonialism.62
48.
In the Amazon Basin, Indigenous Peoples are increasingly being taken advantage of
by so-called carbon pirates operating in this underregulated sector. The Special Rapporteur
was informed of opaque deals for carbon rights that can last up to a century, involving lengthy
57
58
59
60
61
62
12
See communications NPL 2/2022, NOR 2/2021 and MEX 13/2021.
See https://www.un.org/esa/sustdev/sdissues/energy/op/hydro_seelos_paper.pdf.
E/2022/43-E/C.19/2022/11, para. 10.
See https://energia.gob.cl/sites/default/files/documentos/pen_2050_-_actualizado_marzo_2022_0.pdf
(in Spanish).
See Committee on the Elimination of Racial Discrimination, letters to Peru (dated 28 April 2023, in
Spanish) and Indonesia (dated 28 September 2009). See also A/77/238, para. 33, and A/HRC/36/46,
para. 97.
See http://www.iipfcc.org/blog/2022/11/7/statement-of-the-iipfcc-at-the-joint-opening-plenary-atcop27.
GE.23-13366