A/HRC/EMRIP/2019/2
concentrated pollution of freshwater, increased seismic or volcanic activity, storm impacts,
erosion and submersion reducing fisheries and productive hunting lands, changing rain
patterns, wildfires, coastal erosion and sea level rise and disease all contribute to forcing
indigenous peoples to leave their lands.52
43.
The disappearance of Lake Poopó in the Plurinational State of Bolivia is an
example, where the Uru peoples’ culture was based on the lake53 and, in Alaska, Kivalina
Island is falling into the sea. 54 Indigenous peoples have been evacuated from Lake St.
Martin in Canada owing to flooding concerns and are being settled on higher ground. A
class action from those indigenous peoples resulted in compensation of $90 million (see
A/HRC/24/41/Add.4, paras. 47–52). In Papua New Guinea, indigenous peoples relocated
from their disappearing Carteret Islands to the mainland of Bougainville Province; in the
Arctic, climate change is having an impact on reindeer herding, food security and
livelihoods; melting ice is opening up the seas for more traffic and, in Africa, adverse
climate conditions are driving pastoralists to seek pastureland in non-traditional areas,
entailing permanent moves of herds south from Burkina Faso to Côte d’Ivoire, Ghana,
Togo and Benin.55 It is reported that, in the Russian Arctic, an indigenous child and more
than 2,300 reindeer died in 2016, leading to the evacuation of indigenous peoples, in an
outbreak of anthrax believed to have been triggered by climate change. 56 In India, the
Adivasis people, who are forest dwellers (almost 2 million in number) were evicted by
order of the Supreme Court as part of the efforts of India to protect the environment. 57 In
Panama, the people of Gardi Sugdub (approximately 1,000), organized their own relocation
under the Peninsula Principles on Climate Displacement within States to the Panamanian
mainland. Rising sea levels and severe climate change-related events were the motivation.58
44.
The Declaration provides for indigenous peoples’ right to their land, territories and
resources and conservation and protection of their environment (see E/C.19/2018/9 and
A/71/229) (arts. 25–27, 29, 30 and 32), obliging States to give legal recognition and
protection to those lands, an important factor in preventing migration. 59 It also forbids the
forced removal of indigenous peoples irrespective of motive and demands that relocation
may only be undertaken with the free, prior and informed consent of the indigenous peoples
concerned (art. 10). As indicated by the Special Rapporteur, displacement from large-scale
development projects violates indigenous people’s rights (see A/HRC/39/17). The United
Nations treaty bodies and regional bodies have also elucidated the issue of free, prior and
informed consent (see A/HRC/39/62). Thus, efforts by States to remove indigenous peoples
from their land without their consent could amount to breaches of the Declaration and,
more broadly, international law. Apart from displacement, the negative effects of
commercial activities (toxic pollution, water contamination, environmental damage and
climate change) which contribute to migration may also undermine indigenous peoples’
right to life with dignity (art. 7 of the Declaration and art. 6 of the International Covenant
on Civil and Political Rights). Their right to life and other attendant rights may also be
directly threatened owing to militarization, conflict and criminalization of human rights
defenders.
52
53
54
55
56
57
58
59
Documentation and Information Network for Indigenous Peoples’ Sustainability, Mexico, and
Guatemala submissions.
www.earthisland.org/journal/index.php/articles/entry/bolivias_disappearing_lake/.
www.dw.com/en/climate-change-a-village-falls-into-the-sea/a-18717942.
United Nations Office for West Africa and the Sahel (UNOWAS) study, “Pastoralism and security in
West Africa and the Sahel: towards peaceful coexistence” (Dakar, UNOWAS, 2018), pp. 24 and 25.
www.theguardian.com/world/2016/aug/01/anthrax-outbreak-climate-change-arctic-circle-russia.
www.thisisplace.org/i/?id=4c301717-3e7f-4dca-95fe02a0441cea74&fbclid=IwAR3ITbUcI9qkz4hkrQwtUG76Lm3mQUAy6McWqjFegqKia5JsmYzfuav
gYKo.
Displacement Solutions “The Peninsula Principles in action: climate change and displacement in the
Autonomous Region of Guyanala, Panama”, mission report (July 2014).
The Expert Mechanism’s next study in 2020 will be on the right to land under the Declaration.
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