Why explicit refernece to the rights of indigenous peoples in Article 2 of the Paris Agreement is imperative

2021 ◽  
Vol 23 (3) ◽  
pp. 203-209
Author(s):  
Kanika Jamwal

This opinion argues for including indigenous peoples as ‘expert’ consultants in India's Apex Committee for Implementation of Paris Agreement. Alongside its monitoring and reporting functions, the Apex Committee for Implementation of Paris Agreement is expected to perform substantive functions, including, developing policies and programmes to make India's domestic climate actions compliant with its international obligations under the Paris Agreement. The argument is based on the understanding that indigenous peoples possess a deeper understanding of their ecosystems and share a special relationship with it. Therefore, their knowledge is key to sustainable ecosystem management. At the same time, a co-dependent relationship with Nature makes them disproportionately vulnerable to the impacts of climate change. Unlike other vulnerable groups, the impact on indigenous peoples ripples beyond their economic survival, and threatens their collective physical and spiritual identity. Accordingly, this opinion suggests direct participation of indigenous peoples in conceptualising and implementing policies and programmes aimed at addressing climate change. To that end, it problematizes the narrow understanding of ‘experts’ reflected in the gazette notification establishing the Apex Committee for Implementation of Paris Agreement, and draws upon United Nations’ practice(s) enabling participation of indigenous peoples as 'experts' in its specialised agencies and organs. Accordingly, the opinion also suggests a potential means to operationalize their inclusion in the Apex Committee for Implementation of Paris Agreement.


Climate Law ◽  
2019 ◽  
Vol 9 (3) ◽  
pp. 202-223
Author(s):  
Sébastien Duyck

The adoption of the Paris Agreement in 2015 constituted an unprecedented step in the recognition by states of the importance of ensuring that their action on the climate is informed by human rights: for the first time a global environmental legal instrument referred explicitly to human rights. However, whether this provision will contribute to the shaping of climate policies depends significantly on the extent to which it is integrated into further guidance regarding the implementation of the Agreement. The adoption by states of guidance on most aspects of the Paris Agreement, at cop 24/cma1.3, in December 2018, is a litmus test on whether the implementation of the Agreement is likely to reflect a higher level of integration of human rights concerns into climate governance. Having noted the absence of explicit reference to human rights in the guidelines, this article reviews key aspects of the guidelines from the perspective of principles related to human rights, such as public participation, gender equality, and respect for the rights and knowledge of indigenous peoples. This review includes an analysis of the final provisions in key chapters of the guidelines. It is informed by the positions put forward by countries throughout the drafting process as well as by the evolution of negotiating texts prior to the finalization of the guidelines. The review finds that cop 24/cma1.3 failed, for the most part, to uphold the principles laid out in the preamble to the Paris Agreement, particularly in relation to human rights; the guidelines make only a few references to human-rights-related principles.


2021 ◽  
Author(s):  
María Alejandra Aguilar Herrera ◽  
◽  
Alba Paula Granados Agüero ◽  
◽  

In December 2015, the Paris Agreement was adopted at the 21st Conference of the Parties (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC). Five years after the submission the NDC proposals and their initial implementation, signatory countries had to update and share the progress of their NDCs in 2020. This study carried out by Asociación Ambiente y Sociedad, ONAMIAP (National Organization of Andean and Amazonian Indigenous Women of Peru) and RRI analyzes the degree that human rights, women’s rights, and the rights of Indigenous Peoples and Afro-descendants are included in the NDCs of Colombia and Peru, as well as in the processes related to updating them.


2019 ◽  
Vol 60 (4) ◽  
pp. 265-280
Author(s):  
Jeffrey Ansloos ◽  
Suzanne Stewart ◽  
Karlee Fellner ◽  
Alanaise Goodwill ◽  
Holly Graham ◽  
...  

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