REDD+ in a broader rights context

Birgitte Feiring

bfeiring@gmail.com

www.charapa.dk

Who are the indigenous peoples?

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 REDD

Indigenous and tribal peoples in the Amazon and forest areas in Central 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 and resources

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 to consultation, participation and consent

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 benefits

Requirements: good faith, representative institutions, appropriate procedures

Rights in the context of REDD+

Cancun agreement on REDD (Annex 1), ensure and support:

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 communities

Diverse programmes and mechanisms; diverse safeguards and 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 2011Funding Pilot countries Recognition

of IP RightsRemarks

UNREDD

Total funding: 92.5 million USD. DK: 8 million USD. 3 donors: Denmark Norway and Spain

8 pilot countries 2 have ratified C 169: Bolivia and Paraguay. Additionally 6 countries have IPs: DRC, Indonesia, Panamá, PNG, Tanzania and Vietnam

IPs represented in governing body; Global and national consultations are undertaken;

CSO Advisory Group established, including IP representatives

UN-REDD has included and addressed IPR in a comprehensive way

FCPC Total funding: 151 million USD Denmark: 5.6 million.

11 donors, including Denmark, Norway and Spain

37 pilot countries. 12 have ratified C169; Bolivia, Central African Republic, Chile, Colombia, Costa Rica, Guatemala, Honduras, Mexico, Nepal, Nicaragua, Paraguay, Peru

FCPC supports capacity-building program for forest-dependent IPs to ensure meaningful participation in national and international processes.

Activities under the FCPC Readiness Fund are not per se covered by the WB OP 4.10.as they are considered “preparatory”.

FIP Total funding:550 million USD; Denmark: 9 mio. 6 donors, including Norway. US and UK biggest donors

9 pilot countries 3 have ratified C169; Brasil, México, Peru Additionally 4 countries with Ips: Burkina Faso, DRC, Indonesia, Laos

Grant mechanism for IP and community. Joint missions should engage with IPs at country level IPs should participate in missions & steering committees.

There seems to be an uneven implementation practice with regards to inclusion of IPR in country programmes.