AustLII Home | Databases | WorldLII | Search | Feedback

Indigenous Law Bulletin

Indigenous Law Bulletin
You are here:  AustLII >> Databases >> Indigenous Law Bulletin >> 2009 >> [2009] IndigLawB 9

Database Search | Name Search | Recent Articles | Noteup | LawCite | Author Info | Download | Help

Collings, Neva; Grais, Alex --- "Representation of Indigenous Rights in Poznan" [2009] IndigLawB 9; (2009) 7(11) Indigenous Law Bulletin 2

Representation of Indigenous Rights in Poznan


By Neva Collings and Alex Grais.

Introduction

Two representatives from the Environmental Defenders Office (‘EDO’) attended the 14th Conference of Parties (‘COP 14’) to the United Nations Framework Convention on Climate Change (‘UNFCCC’) in December 2008. Its goal was to build on the Bali Roadmap of 2007 that was agreed to at COP 13 and to set a clear course for an international agreement to be reached in Copenhagen, Denmark in December 2009. This article will provide background information about COP 14 and explore the importance of an international agreement for Indigenous peoples who are particularly vulnerable to the impacts of climate change. It will also present a specific initiative discussed in Poznan, namely reducing emissions from deforestation and forest degradation in developing countries (‘REDD’), and its potential impact on Indigenous peoples.

Poznan Background

COP 14 was held from 1-12 December 2008 in Poznan, Poland. The conference drew over 9250 participants, comprising 4000 government officials, 4500 representatives of UN bodies and agencies, intergovernmental organisations and non-governmental organisations (‘NGOs’). COP 14 is the half way point between Bali, where a Roadmap towards a post-2012 agreement was decided, and Copenhagen, where the new agreement will be adopted.

Whilst there was some progress in Poznan, there were no significant breakthroughs, leaving only 12 months of negotiations before the deadline of December 2009 in Copenhagen, Denmark.

Importance of International Agreement for Indigenous peoples

The lack of significant breakthroughs in Poznan is of particular concern for Indigenous peoples given their susceptibility to the impacts of climate change, which has been identified as a major challenge to Indigenous peoples as a potent threat to their survival and way of life. The Intergovernmental Panel on Climate Change (‘IPCC’) found in 2007 that communities living in marginal lands with livelihoods intrinsically tied to natural resources are among the most vulnerable to the effects of climate change.[1] This vulnerability is exacerbated by the precarious socio-economic and political conditions borne by many Indigenous communities.

Such findings infringe on the UN Declaration on the Rights of Indigenous Peoples (‘the Declaration’), which recognises the right of Indigenous people to a healthy, prosperous life, in accordance with their particular cultural traditions. Article 43 outlines the ‘minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world.’ Article 29 also acknowledges Indigenous peoples’ ‘right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources.’ Although the Declaration was adopted in 2007 with 143 votes in favour, 4 dissenting votes came from countries with significant Indigenous communities: Australia, Canada, New Zealand, and the United States. Nevertheless, the Declaration indirectly commits the international community to act on climate change in order to preserve these rights. On 3 April 2009, the Australian Government announced its endorsement of the Declaration.

Impact of Reducing Emissions from Deforestation and Forest Degradation in Developing Countries on Indigenous Peoples

During COP 14, a number of developing countries announced significantly robust targets, and commitments to halt deforestation, sending a strong message to developed countries to act.[2] The Chairs of the two UNFCCC working groups are authorised to move into negotiations at the next meeting on a legal text, which may quicken the pace of reaching a final agreement. A decision REDD, in particular, has the potential to provide funding for developing countries to preserve their tropical forests. REDD is a vital mitigation measure as emissions from deforestation and land use change represent one third of global emissions today.

If an effective and fair agreement is reached on REDD, Indigenous communities stand to reap substantial benefits. An estimated 60 million Indigenous peoples are completely dependent on forests; REDD can enhance biodiversity, enhance soil and water conditions, help ensure sustained supplies of forest products and help sustain or improve livelihood and food security for local communities.[3] Further, a premium for emission reductions to generate additional revenue may be negotiable.[4] However, in Poznan, REDD negotiations proved to be one of the biggest disappointments regarding Indigenous rights.

Throughout the conference, stakeholders representing Indigenous peoples were excluded from important negotiations. The lack of Indigenous representation was especially apparent at the outcome of REDD negotiations when reference to the Declaration, which was present in the draft decision, was removed from the final document. Consequently, the rights of Indigenous peoples are not explicitly provided for in REDD. This, in addition to other significant shortcomings, created a potential loophole to exclude emissions that result from clearing for plantations. More generally, there is concern that forest-dependent communities, historically responsible for the sustainable use and conservation of forests, may bear the majority of the cost of REDD-related initiatives without reaping an appropriate share of the benefits.[5] For instance, governments that are compensated for REDD are likely to demand that funds be channelled through clearly identified and legally recognised institutions.[6] However, customary governance institutions rarely fall within the parameters of these requirements and may not hold recognised owner’s rights to land.

A further complication may arise if the scheme is market based. By assigning a monetary value to forests, REDD may encourage the appropriation of this newly lucrative resource by ‘elites’ at the expense of traditional stakeholders.[7] These stakeholders, such as Indigenous communities, would be displaced from their traditional land and would no longer be able to practice traditional land use management.

Conclusion
REDD and other international initiatives are essential to addressing climate change. The global aspect of the climate crisis demands international consensus and broad policies to mitigate impacts that will most harshly be felt by those that are less fortunate. However, adapting effective climate-change measures must not come at the expense of Indigenous communities. Some communities have been stewards of their land for millennia and are essential in finding solutions that are both environmentally effective and socially equitable. It is through solutions that follow these guidelines, and those outlined in the Rio Declaration that the global community must move towards an international agreement in Copenhagen.


Neva Collings is a solicitor and Aboriginal Liaison Officer with the NSW Environmental Defenders Office (‘EDO’). Neva coordinates the Caring for Country Program at EDO which has published a Guide to Environmental Law for Aboriginal Communities in NSW.

Alex Grais has a Masters of Environmental Science and Law from the University of Sydney, and also holds Honours Bachelor of Science from the University of Toronto. He is the Policy Director for the Australian Youth Climate Coalition, and is currently volunteering at the NSW Environmental Defenders Office.


[1] IPCC Fourth Assessment Report (2007).
[2] The Nature Conservancy, Climate Change – COP 14: Dispatches from Poznan (2008), available at <http://www.nature.org/initiatives/climatechange/features/art26701.html> .
[3] UN-REDD Framework Document, (2008).
[4] Ibid.
[5] International Union for Conservation of Nature, The Hottest REDD Issues: Rights, Equity, Development, Deforestation and Governance by Indigenous Peoples and Local Communities, (2008).
[6] Ibid.
[7] Ibid.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/IndigLawB/2009/9.html