CAMPAIGNS
Statement to the Human Rights Council,
Agenda item 2
Thursday March 5, 2008
Joint Indigenous Peoples and NGO Statement on the occasion of the
presentation of the Report of the Office of the United Nations High
Commissioner for Human Rights (OHCHR) on the relationship between
climate change and human rights
Endorsed by:
Asia Indigenous Peoples Pact
Jaringan Orang Asal SeMalaysia (JOAS) Malaysia
Indigenous Peoples Network of Malaysia
Sarawak Dayak Iban Association (SADIA) Malaysia
Sarawak Dayak National Union (SDNU) Malaysia
Building Indigenous Initiatives in Heritage (BiiH) Malaysia
Borneo Institute Malaysia (BRIMAS) Malaysia
Wanita Desa Sarawak (WADESA) Malaysia
Tanah Hak Bebas (TAHABAS) Malaysia
Sinui Pai Nanek Sengik (SPNS) Malaysia
Center for Orang Asli Concerns (COAC) Malaysia
Partners of Community Organisations (PACOS) Malaysia
Bangladesh Indigenous Peoples Forum Bangladesh
Kapaeeng Foundation Bangladesh
Chin Human Rights Organisation (CHRO) Burma
Indigenous Rights Active Member (IRAM) Cambodia
NGO Forum Cambodia
Zomi Human Rights Foundation (ZHRF) India
Peoples Rural Education Movement (PREM) India
Garo Hills Sentinel For Human Rights (GHSHR) India
Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia
Kirat Rodu Nachiring Sakham Nepal
Newa Dey Daboo, Nepal
Tebtebba Philippines
Cordillera Peoples Alliance (CPA) Philippines
Asian Indigenous Women Network (AIWN) Philippines
Taiwan Bunun Association (TBO)
Taiwan Indgnoues Makatao Council (TIMC)
Network of Indigenous Peoples in Thailand (NIPT) Thailand
Center for Social Development Mountain Areas (CSDM) Vietnam
We, the undersigned indigenous peoples' organizations and support NGOs,
welcome the report of the OHCHR on the relationship between climate change
and human rights. It is a major concern for us that the close relationship between
indigenous peoples� enjoyment of their human rights and the wellbeing health of
the ecosystems in which they live has to a very large extent been neglected in the
international debate on climate change and strategies to mitigate and address its
effects. Further, todate the crucial relationship between climate change and
human rights has not been addressed in the key UN forum tasked with
addressing climate change, the UN Framework Convention on Climate Change,
despite strong and consistent calls by indigenous peoples for their rights to be
respected. Mechanisms for their full and effective participation in the UNFCCC
processes are not in place, leaving a gap for their important contributions to the
climate negotiations.
The report of the OHCHR is a timely recognition of indigenous peoples� special
vulnerability with regards to both the direct effects of climate change on their
lands, territories and resources, and the consequences of the climate change
mitigation measures being negotiated. As the report highlights, indigenous
peoples� fundamental right to self-determination and to preserve their cultural
and social identities is at stake when their lands, territories and resources are
threatened. The report calls for State action: �While there is no clear precedence
to follow, it is clear that insofar as climate change poses a threat to the right of
peoples to self-determination, States have a duty to take positive action,
individually and jointly, to address and avert this threat. Equally, States have an
obligation to take action to avert climate change impacts which threaten the
cultural and social identity of indigenous peoples�.
Likewise, their right to self-determined development, and to participate in all
levels of decision-making on matters that may impact on their lands, resources
and livelihoods, is at stake. As the report recognizes, the rights of indigenous
peoples are violated when mitigation measures such as agrofuel plantations and
large hydroelectric dams are approved without their involvement, and when
such measures are implemented on customary and traditional lands without
their free, prior and informed consent.
The report confirms and explains that States have international legal obligations
to recognize and protect the rights of indigenous peoples and other vulnerable
groups� in the context of measures taken by States to address climate change. We
strongly call on the Human Rights Council to adopt the report and to urge States
to follow up on the recommendations presented therein.
Specifically, we call on the Human Rights Council to:
1. Recognise the specific vulnerability of indigenous peoples to the effects of
climate change and to the impacts of actions to address climate change
2. Recommend UN human rights mechanisms participate fully in the
processes of the UNFCCC to provide immediate and effective advice regarding human rights obligations and impacts for actions designed to address climate
change
3. Recommend that State parties ensure the effective participation of
indigenous peoples in global and national level policy development for climate change mitigation and adaptation actions
4. Recommend that State parties ensure that the free, prior and informed
consent of indigenous peoples is required and gained prior to any climate change
adaptation or mitigation action impacting on the traditional lands and resources
of indigenous peoples, including impacts on the carbon stores on their lands
5. Recommend that State parties and UN policies and programmes provide
indigenous peoples with access to funds, technical advice and support for theself-development of adaptation actions for climate change
6. Recommend the UNFCCC to assist in the full implement of the UN
Declaration on the Rights of Indigenous Peoples as required under Articles 41
and 42 of the Declaration
7. Recommend the UNFCCC establish an advisory body to the Convention on
the human rights impacts of climate change and of the actions taken to mitigate the
effects of climate change
8. Recommend the UNFCCC ensure that rights-holders, including indigenous
peoples, are represented in key decision making bodies within the UNFCCC
