The Paris Agreement: An “Incremental Advance” for International Recognition of the Rights of Indigenous Peoples

Some members of the Global Indigenous Peoples Caucus at COP21 in Paris

Paris, France – The 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (UNFCCC-COP21) officially adopted the Paris Agreement on Saturday, December 12, 2015.  The Agreement, with the legal force of a UN Treaty, was agreed to by all the 195 States (countries) present.  Once ratified by at least 55 States, it will go into legal force in 2020.  It commits all countries, for the first time ever, to cut their carbon emissions while also recognizing the special circumstances of developing countries.  The States also adopted the “Paris Decision” which is not legally binding, but commits States to immediately begin the process of reducing greenhouse emissions that cause climate change.

Some commentators are denouncing the Paris Agreement as a failure while others are hailing it as an historic triumph.  But for Indigenous Peoples, the Paris Agreement can be seen as another step forward for the recognition of their rights in international law.

The International Indigenous Peoples Forum of Climate Change (IIPFCC) and the Indigenous Peoples Caucus representing over 200 indigenous delegates attending this session from around the world, was invited to make a formal statement at the COP21 closing plenary. The IIPFCC closing statement, presented by elder Frank Ettawageshik (Little Traverse Bay Bands of Odawa Indians), highlighted the three key messages advocated by Indigenous Peoples during the two-week session.  These included a call for the rights of Indigenous Peoples [to] be recognized, protected, and respected within a broad human rights framework in both the preamble and the operative sections of the Agreement; a temperature goal of no more than 1.5 degrees Celsius increase over pre-industrial levels; and recognition, respect for and use of Indigenous Peoples’ traditional knowledge, with their free, prior, and informed consent, in measures for adaption to climate change.   The IIPFCC statement, while expressing that Indigenous Peoples were “keenly disappointed” at the shortfalls in meeting these calls, noted that all three Indigenous Peoples messages were “addressed to some degree” in the final Agreement.

In particular, the inclusion of “the rights of Indigenous Peoples” in the preamble paragraph of the Agreement, achieved despite the consistent opposition of some States throughout the process, is a significant and unprecedented step forward.  This is the first time this phrase has appeared unqualified in a legally binding UN Treaty, environmental or otherwise.  The same phrase was included the preamble of the Paris Decision, although both say that States “should consider”, while Indigenous Peoples and human rights advocates called for the use of the stronger word  “shall”.

As noted by hereditary Chief Damon Corrie, Lokono Arawak of Barbados, “strong support by a group of States including Philippines, Mexico, Costa Rica, Peru, Chile, Tuvalu, Indonesia, Canada and others, standing in solidarity with Indigenous Peoples throughout the negotiations, was required to achieve these inclusions in the final Agreement.

Despite disappointment that the phrase ‘rights of Indigenous Peoples’ and Human Rights in general did not also appear in the Agreement’s operative section, International Chief, attorney and member of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) Wilton Littlechild, Ermineskin Cree Nation, clarified that “the preamble of a Treaty provides the context and framework for interpreting and implementing the entire document.”  The Vienna Convention on the Law of Treaties supports his assessment. On this basis, Chief Littlechild called the Paris Agreement an “incremental advancement for recognition of the rights of Indigenous Peoples in international law.”

The Paris Agreement also calls on State parties (countries) to hold “the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels.” The 1.5 temperature goal was a core position not only of Indigenous Peoples, but the Small Island Developing States.

Article 7 of the Agreement addressing Adaptation affirms the need for a participatory, transparent, gender-sensitive approach based on science and “as appropriate, traditional knowledge of indigenous peoples and local knowledge systems”.  UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli Corpuz noted that Indigenous Peoples’ traditional knowledge, innovations and practices are recognized in both the Agreement and the Decision, and stated that moving forward “the challenge is how to operationalize this decision.”

The inclusion of Indigenous Peoples’ core positions both in the Paris Agreement and Decision was the result of the monumental, coordinated and unified efforts by the Indigenous Peoples Caucus throughout COP21.  Despite the shortfalls, the inclusion of “the rights of Indigenous Peoples” in both preambles provides a basis for future advocacy to ensure that all programs addressing Climate Change are carried out with respect for the rights of Indigenous Peoples as affirmed in the UN Declaration for the Rights of Indigenous Peoples, including land and resource rights, free prior and informed consent, traditional knowledge and Treaty rights.

Source: http://www.iitc.org/the-paris-agreement-an-incremental-advance-for-international-recognition-of-the-rights-of-indigenous-peoples-121615/

President of Bolivia Meets with Indigenous Leaders in New York

Indigenous Leaders at the UN. UCTP News Photo:
(From left to right) Tonya Frichner; President Evo Morales;
Roberto Mucaro Borrero; Oren Lyons; and Sid Hill

by Roger Atihuibancex Hernandez,

UCTP Taino News Correspondent

United Nations, NY (UCTP Taino News) - Evo Morales Aima, an Aymara indigenous leader who was recently elected to Bolivia’s highest office as President met with a small group of indigenous leaders at the United Nations on Monday, September 18, 2006. The President, along with his country's Foreign Minister, David Choquehuanca, (Aymara), are in New York City for the first time attending the 61st Session of the General Assembly at the United Nations.

The meeting was hosted by the Secretariat of the United Nations Permanent Forum on Indigenous Issues and the American Indian Law Alliance (AILA), an Indigenous Peoples’ non-governmental organization working in New York City.

A member of the President’s delegation, Tom Kruse stated that the meeting was set up at the request of President Morales and “is meant to be a substantive exchange between Indigenous leaders from the North and the South to discuss the issues shared by Native peoples of the Western Hemisphere.”

Representatives of the Haudenosaunee, Lakota, Cree, and Taino Nations participated in the historic meeting, which was described by Kent Lebstock of AILA as “another step in the undeniable presence of Indigenous Peoples in international advocacy, especially human rights."

A traditional welcome for President Morales was extended by Sid Hill, Tadodaho of the Haudenosaunee (Six Nations, Iroquois Confederacy) from Onondaga in upstate New York. Other indigenous participants included Chief Oren Lyons, also from Onondaga; Chief Alex White Plume, Tribal Chairman of the Oglala Sioux Nation; Chief J. Wilton Littlechild, Ermineskin Cree Nation and member of the Permanent Forum on Indigenous Issues; Tonya Gonnella Frichner (Onondaga), AILA Director; and Roberto Mukaro Borrero (Taino), Chairman of the Regional Coordinating Office of the United Confederation of Taino People. Several human rights advocates were also present including Esmeralda Brown of the United Methodist Church.

Substantive discussion among the participants took place and included issues such as lands, resources, the revitalization of traditional Indigenous processes in government, and conservation and environmental management. Advocacy toward the revocation of the 1493 Papal Bull and the United Nations Declaration on the Rights of the World’s Indigenous Peoples were other specific items discussed. The meeting coincided with the beginning of the General Assembly session where the issue of the Declaration is expected to be addressed.

During the meeting President Morales recounted parts of his personal and political history as well as key events that galvanized the rise of his political party to power in Bolivia. He also expressed his view that his work and that of his party are a continuation of the “500 Years of Resistance” campaign. The President stressed however, that the goal now is to move “beyond resistance to power” so that the “people” can live well.

“President Morales is an inspiration for all our Peoples, especially our youth in that he exemplifies what can be accomplished when we accept and affirm the profound teachings of our ancestors” stated Boriken Taino leader Roberto Mukaro Borrero.

Borrero continued by noting “don’t lie, don’t steal and don’t be lazy are basic laws that all Indigenous Peoples can relate to and it is a great honor to be present at time when these ancient ideals are once again being put into practice.”

President Morales considered meeting a success and felt that such meetings are his obligation as a “defender of Mother Earth.”

In a clear demonstration of his commitment President Morales not only invited the group to visit him in Bolivia but he also requested they draft comments about the Declaration, which he could consider incorporating in his speech to the UN General Assembly.

Bolivian Indigenous President to Meet with North American Native American Leaders

The President of Bolivia, Evo Morales Ama, an Aymara Indian elected to his country's highest office in December 2005, will meet with American Indian Leaders on Monday, September 28, 2006. The President, along with his country's Foreign Minister, David Choquehuanca, (also Aymara), is in New York City for the opening of this year's General Assembly at the United Nations.

The meeting is being hosted by the Secretariat of the Permanent Forum on Indigenous Issues of the United Nations and the American Indian Law Alliance, an Indigenous peoples' non-governmental organization working with offices in New York City. Mr. Thomas Kruse, one of the President Morales's assistants stated that the meeting was set up at the request of Mr. Morales and is meant to be a substantive exchange between Indigenous leaders from the North and the South to discuss the issues shared by Native peoples of the Western Hemisphere. Kent Lebsock, the Executive Director of the American Indian Law Alliance, added the election of President Morales is an historic event for all Indian peoples. For him to honor us by meeting with our traditional Native American leaders is another step in the undeniable presence of Indigenous peoples in international advocacy, especially human
rights."

President Morales' office had specifically requested a small meeting in order to ensure that substantive, frank discussions could occur.

Participants look forward to this being the first of more meetings designed to improve the dialogue between the Bolivian government and American Indian nations and First Nations of Canada. Issues to be discussed include lands, resources and the revitalization of traditional Indigenous processes in government, conservation and environmental management.

The meeting comes at the beginning of the General Assembly session.

It is expected that the United Nations will take up the issue of the Declaration on the Rights of the World's Indigenous Peoples. For over 20 years, Indigenous peoples from around the world have worked with human rights experts to develop this international human rights instrument. Finally, having made it's way to the General Assembly, it is being supported by many United Nations' member states and Indigenous nations, organizations and communities around the world. However it is also facing strong opposition from the United States, Canada, and Australia. The meeting between Morales and North American Indian leaders will also focus on ensuring the passage of the Declaration on the Rights of Indigenous Peoples.

Haudenosaunee, Lakota and Cree nations will participate along with urban Native Americans from New York City. The opening ceremony will be by Sid Hill, Tadodaho of the Haudenosaunee (Six Nations, Iroquois Confederacy) from Onondaga in upstate New York. Oren Lyons, also from Onondaga; Alex White Plume, tribal chairman and a traditional leader of the Oglala Sioux Nation; along with Willie Littlechild and Rick Lightning (Ermineskin Cree Nation), John Bull (Louis Bull Cree Nation), and Raymond Cutknife (Samson Cree Nation), will also participate.

Local leadership includes Tonya Gonnella Frichner a citizen of the Onondaga Nation and the meeting's moderator, Roberto Borrero, Taino, and Esmeralda Brown, a long time United Nations advocate for Indigenous rights.