REDD+in a broader rights contextBirgitte Feiringbfeiring@gmail.comwww.charapa.dk
Who are the indigenouspeoples? Descendants of populations that inhabited a country or geographical region at the time of conquest, colonization or the establishment of present state boundaries Retain some or all of their own social, economic, cultural and political institutions Self-identification as indigenous
Relevance and vulnerability in the context of REDDIndigenous and tribal peoples in the Amazon and forest areas inCentral America; ”Pygmies” in Central Africa, hill tribes, adivasis,janajatis, adat communities etc. in forest areas in Asia Cultures and ways of life differ considerably from those of the dominant society; Cultures are under threat, in some cases on the verge of extinction; Particular way of life depends on access and rights to their traditional land and resources; Often live in inaccessible, geographically isolated regions; and Suffer from political and social marginalization and are subject to domination and exploitation
What are indigenous peoples’rights Defined in the UN Declaration on the Rights of Indigenous Peoples and ILO Convention No. 169 Equality instruments, contextualise human rights to the situation of indigenous peoples Depart from the recognition of rights to self- determination/right to control their priorities for their development Harsh reality: most countries don’t recognise and respect their rights
Rights to land, territories andresources Collective rights to land, territories and resources Rights based on traditional occupation and use, not eventual later recognition by states States duty to identify indigenous lands, protect their rights of ownership and possession (demarcation and titling) and establish mechanisms to resolve land claims.
Rights toconsultation, participation andconsent Right to participate in decision-making at all levels Right to be consulted on decisions that affect them in order to obtain their free, prior and informed consent Right to participate in benefitsRequirements: good faith, representativeinstitutions, appropriate procedures
Rights in the context ofREDD+Cancun agreement on REDD (Annex 1), ensure andsupport: Respect for the knowledge and rights of indigenous peoples and members of local communities, by taking into account relevant international obligations, national circumstances and laws, and noting that the UNGA has adopted the United Nations Declaration on the Rights of Indigenous Peoples; The full and effective participation of relevant stakeholders, in particular, indigenous peoples and local communitiesDiverse programmes and mechanisms; diverse safeguardsand experiecnes
Responsibilities All countries: general commitments to respect human rights UN agencies: mandated to ensure full realisation of the UN Delcaration on the Rights of Indigenous Peoples 22 countries, including Denmark, Norway, Spain, have ratified Convention No. 169 EU: Council Resolution on support to indigenous peoples Specific institutional policies, e.g. World Bank OP 4.10, Danish Strategy for Support to Indigenous Peoples etc. Private corporations: Responsibility to respect human rights (due diligence)
Challenges Recognition as rights-holders Forest Governance: indigenous forest resource management systems and institutions Respect for traditional livelihood strategies (drivers of deforestation) Applying principles of participation, consultation, consent Recognition of land rights Institutional capacity Awareness, coherence and synergy in policy implementation
Danida review 2011 Funding Pilot countries Recognition Remarks of IP RightsUNRE Total funding: 92.5 8 pilot countries IPs represented in UN-REDD has million USD. 2 have ratified C 169: governing body; included andDD Global and national DK: 8 million USD. Bolivia and Paraguay. addressed IPR in a 3 donors: Denmark Additionally 6 countries consultations are comprehensive way Norway and Spain have IPs: DRC, Indonesia, undertaken; Panamá, PNG, Tanzania CSO Advisory Group and Vietnam established, including IP representativesFCPC Total funding: 151 37 pilot countries. 12 have FCPC supports Activities under the million USD ratified C169; Bolivia, capacity-building FCPC Readiness Denmark: 5.6 Central African Republic, program for forest- Fund are not per se million. Chile, Colombia, Costa dependent IPs to covered by the WB Rica, Guatemala, ensure meaningful OP 4.10.as they are 11 donors, including Honduras, Mexico, Nepal, participation in considered Denmark, Norway Nicaragua, Paraguay, Peru national and “preparatory”. and Spain international processes.FIP Total funding:550 9 pilot countries Grant mechanism for There seems to be million USD; 3 have ratified C169; IP and community. an uneven Denmark: 9 mio. Brasil, México, Peru Joint missions should implementation 6 donors, including Additionally 4 countries engage with IPs at practice with regards Norway. US and UK with Ips: Burkina Faso, country level IPs to inclusion of IPR in biggest donors DRC, Indonesia, Laos should participate in country missions & steering programmes. committees.