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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.
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