A/HRC/54/31
under the United Nations Framework Convention on Climate Change and the KunmingMontreal Global Biodiversity Framework adopted at the fifteenth meeting of the Conference
of the Parties to the Convention on Biological Diversity.
6.
The Special Rapporteur emphasizes that green financing has an important human
rights dimension. 6 The processes and associated finance to achieve the climate and
biodiversity targets could have significant negative impacts on Indigenous Peoples unless the
protection of their internationally recognized human rights is defined as central to
successfully achieving those goals. In addition, as economic transition requires large amounts
of financial flows, nature credit markets have been considered important tools to mobilize
the financial resources needed to meet international environmental targets, such as the
reduction in greenhouse gases and other conservation and green economy initiatives.
Securing a “just transition” inclusive of respect for human rights should address the social
and environmental interventions and safeguards needed to protect the rights and livelihoods
of Indigenous Peoples when economies shift to sustainable development practices to combat
climate change and biodiversity loss. This will ensure that those who are most affected by
environmental harm do not bear the costs of the transition and that they participate in the
formation of policy solutions.
7.
The purpose of the present report is not to condemn or deter the financing of green
projects and green market strategies but to ensure that Governments and other financial actors
take all precautions to ensure their support for the much-needed transition to a green economy
and that climate change action does not perpetuate the violations and abuses currently
plaguing extractive and other fossil fuel-related projects. The Special Rapporteur aims to
remind Governments and other financial actors enabling the transition that many green
projects and nature-based solutions are likely to occur on Indigenous lands, 7 whether or not
the land rights of Indigenous Peoples are recognized by the State, and human rights due
diligence should therefore be undertaken from the outset, using a human rights-based
approach that acknowledges their collective rights to land and right to self-determination.
8.
The present report is not an exhaustive study of the implications of green finance for
Indigenous Peoples. It reflects on the international obligations of States and the duty of their
public and private financial partners to respect the right of Indigenous Peoples to selfdetermination in any green project occurring on or near their lands and territories, and seeks
to shift mindsets to consider Indigenous Peoples as a gauge for project sustainability rather
than a risk to financial investment. In the report, the Special Rapporteur looks specifically at
addressing Indigenous issues from the outset of any project, prior to the decision to fund, and
provides recommendations for financing mechanisms to strengthen governance and
accountability structures in order to reduce negative impacts on the rights of Indigenous
Peoples and facilitate their access to economic opportunities and global markets. The report
also presents good practices, particularly in terms of providing direct financing to
Indigenous-led conservation initiatives and renewable energy projects.
B.
Indigenous Peoples and green finance
9.
The Paris Agreement adopted at the twenty-first Conference of the Parties to the
United Nations Framework Convention on Climate Change in 2015 represented a landmark
moment for climate financing, as it clearly established the need for financial flows to align
with climate goals and called for developed countries to mobilize $100 billion per year to
address the needs of developing countries for climate-induced loss and damage. Since then,
climate action has been considered a strategic priority for most financial institutions.
6
7
GE.23-13366
See recent communications related to fossil fuels and other extractive energy projects:
AUS 3/2022, CAN 2/2022, BRA 4/2022, SWE 2/2022, BWA 3/2021 and NAM
2/2021, available from https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
According to a recent study, 54 per cent of energy transition mineral and metals projects are located
on or nearby the lands of Indigenous Peoples. See John R. Owen and others, “Energy transition
minerals and their intersection with land-connected peoples”, Nature Sustainability, vol. 6, No. 2
(February 2023).
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