New Report Highlights Failure of States to Uphold Indigenous Rights in National Climate Policy

FOR IMMEDIATE RELEASE
December 5, 2023

Dubai, United Arab Emirates - Indigenous Climate Action, a Canadian-based Indigenous-led climate justice organization on the ground at COP28, released a report this morning highlighting Indigenous peoples' participation in international climate change forums and the failure of state actors to uphold international law within their climate policies.

“We are recognized as stewards of 80% of global biodiversity, yet we are dismissed and left on the sidelines of COP negotiations and in setting policy and climate action,” states Jayce Chiblow. “State and non-state actors must recognize, affirm, and respect the sovereignty of Indigenous peoples around the world.”

Indigenous Rights and Sovereignty in International Climate Policy: A Systemic Analysis examines states’ climate commitments under the Paris Agreement and their domestic climate adaptation policies across four areas:

(1) the full and effective participation of Indigenous Peoples; 

(2) the recognition and protection of Indigenous knowledge systems; 

(3) the recognition and realization of the rights of Indigenous Peoples, and; 

(4) the recognition and restoration of Indigenous jurisdiction over land. 

Of these four areas, the right to participation is the most commonly referenced. Many states refer to the engagement or consultation of Indigenous Peoples but fail to acknowledge their rights to participate in decision-making and to veto climate policies that harm their rights.

“We see, again and again, these state actors referencing Indigenous peoples in their climate policies, but where are the mechanisms for how they are going to assure the full participation of our peoples and inclusion of our inherent and treaty rights?” shares Eriel Tchekwie Deranger. “When will we move from lip service to substantive processes to live up to these promises?”

The report revealed that Indigenous Peoples participated in the design of only a minority of climate policies – just 32% of NDCs and 19% of the climate adaptation policies analyzed indicate that Indigenous Peoples participated in their formulation. This exclusion violates Indigenous Peoples’ rights to self-determination and free, prior, and informed consent (FPIC). Moreover, the failure of states to include Indigenous Peoples increases the risk that these policies will promote climate action efforts that will violate other Indigenous rights.

“Our identities as Indigenous peoples are deeply tied to the lands we come from.” shares Karahkwinetha Sage Goodleaf-Labelle. “As the climate crisis continues to worsen, our communities are experiencing increasingly dramatic changes that disrupt our lifeways and our rights. We need real actions that address the root causes of the climate crisis and our rights and traditional lifeways are the solution.”

While states increasingly recognize both the vulnerability of Indigenous Peoples to climate change and the important role that Indigenous knowledge plays in climate solutions, Indigenous Peoples remain excluded from most climate policy-making and decision-making processes.

The new report highlights several recommendations for state actors related to the principal Indigenous rights that are particularly affected by climate change, namely: 

  1. the right to self-determination; 

  2. the right to participate and to free, prior and informed consent;

  3. the right to culture and traditional knowledge; 

  4. the rights to lands and resources, and; 

  5. the rights to health, food, water, and an adequate standard of living. 

The report is now available to read online. Indigenous Climate Action will be speaking about the new report at an upcoming event at COP28 in Dubai. 

WHAT: Human Rights in National Climate Policies: Overview of Current Status and Best Practices

WHEN: December 8, 2023, 18:30-20:00 (GMT+4)

WHERE: Side Event Room 2, Blue Zone, COP28 Dubai


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