A/HRC/36/46 E. Green Climate Fund 102. In 2010, the Conference of Parties to the United Nations Framework Convention also established the Green Climate Fund as its financial operating entity to disburse funds for low-emission and climate-resilient projects, taking into account the needs of States that are particularly vulnerable to climate change impacts. 57 The Fund, which began approving proposals in 2015, aims for an equal balance between mitigation and adaptation investments. It is the largest international climate fund helping developing counties respond to climate change. 103. In 2014, the Fund’s board decided to adopt, on an interim basis, the environmental and social performance standards of the International Finance Corporation for projects financed by the Fund. These standards and the Fund’s governing instrument stipulate the need to demonstrate full respect for the rights of indigenous people and to protect their cultural heritage. The board also adopted terms of reference for an independent redress mechanism to receive complaints related to the operation of the Fund. 58 104. Despite these aims, barriers to effective engagement by indigenous peoples in the Fund’s activities and access to funding remain. For example, indigenous peoples’ organizations have yet to be accredited, or even apply to become accredited, as entities or executing entities for projects. The high costs and complexities of preparing proposals disadvantage indigenous peoples, given their limited resources. 105. At its fifteenth meeting, the board requested the secretariat to develop a Fund-wide indigenous peoples policy. A draft was published on 12 July 2017 for consultation. 59 The overall objective is to provide a framework for ensuring that activities of the Fund are developed and implemented while fostering full respect for indigenous peoples’ dignity, human rights and cultural uniqueness so that they receive culturally appropriate social and economic benefits and do not suffer adverse effects during the development process. The policy provides an opportunity for the Fund to incorporate indigenous peoples’ considerations into its decision-making and operations in ways that not only include safeguard measures of “do no harm”, but also identify opportunities to “do good” and improve outcomes. 106. In conclusion, the safeguards, policies and practices, including for redress, that have been developed for indigenous peoples, in particular by the Adaptation Fund and the Green Climate Fund, are significant. Their practical application, however, does require continuous independent monitoring. VIII. Examples of mitigation projects of concern 107. Since assuming the mandate in 2014, the Special Rapporteur has received a number of allegations regarding specific projects funded in the context of climate finance which have not respected safeguards and have negatively affected indigenous peoples’ rights. Cases relating to renewable energy projects as mitigation measures which have been subject to urgent actions by the mandate include the Barro Blanco hydropower project in Panama, 60 the Water Towers Protection and Climate Change Mitigation and Adaptation Programme in Kenya 61 and the Agua Zarca dam in the Río Blanco region in Intibucá, Honduras. 62 These cases highlight the risks associated with climate change mitigation projects which do not uphold respect for indigenous peoples’ rights, notably their rights to be consulted and to provide their free, prior and informed consent. 57 58 59 60 61 62 18 See www.greenclimate.fund/. See www.greenclimate.fund/independent-redress-mechanism. Tebtebba Foundation, Indigenous Peoples and the Green Climate Fund (Baguio City, Philippines, 2017). PAN1/2016. All public cases are available from www.ohchr.org/EN/HRBodies/SP/Pages/ CommunicationsreportsSP.aspx. KEN1/2017. HND4/2013, HND3/2014, HND2/2016, HND4/2016, HND4/2017.

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