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, France

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/

Indigenous Leaders from Around the World Meet at COP21 in Paris

Kayapo Chief Raoni Metuktire of Brazil and Kasike Roberto Mukaro Borrero,
President of the United Confederation of Taino People meet in Paris. 

Paris, France (UCTP Taino News) - About 250 indigenous leaders who engaged in a series of unprecedented consultations in the Arctic, North America, Asia, Pacific, Latin America and the Caribbean, Russia and Eastern Europe, and Africa finalized their proposals to COP21 on Monday. The delegates are now actively lobbying governments to include the rights of Indigenous Peoples in the COP21 agreement. The indigenous leaders are also calling on countries to adopt a goal of keeping the global temperature rise to below 1.5 degrees Celsius of warming with the view of further lowering it to one degree Celsius. According to experts, the disastrous and possibly irreversible tipping point of climate change is 2°C. Among this historic and diverse gathering of indigenous leadership are Chief Damon Corrie of the Caribbean Amerindian Development Organization (CADO) and Kasike Roberto Mukaro Agueibana Borrero, President of the United Confederation of Taino People. 

UCTPTN 11.30.2015

CADO Launches New Regional Humanitarian Effort

Barbados (UCTP Taino News) - The Caribbean Amerindian Development Organization (CADO) announced a new charitable initiative called the 'Red Sun.' Created by and for First Nations of the 'New World,' CADO representatives liken the mission of the fledgling effort to that of the 'Red Cross' and the 'Red Crescent.'

CADO President Damon Corrie (Lokono) stated that the Red Sun’s initial efforts would focus “specifically on assisting Amerindian families who are living below the poverty line and who are not receiving any assistance from outside of their community.” Corrie also noted that the “aid that the Red Sun will be able to offer presently will be in the form of clothing, non-GMO crop seeds, farming & fishing supplies etc.”

The 'Red Sun' was launched on 28th September 2013 in memory of Rebecca Aderi Audrey Corrie on the 19th anniversary of her death; she was the daughter of CADO founder members Damon Gerard and Shirling Corrie (Lokono).  The initial donation to launch the Red Sun was made possible by the generous donation of Earl Berg of California who kindly donated US$1,000.00.

“All we ever need at times is an ‘Angel’ investor or kindhearted donor” said President Corrie. He continued stating “CADO has many positive ideas to deliver real and positive change in our communities, however, the issue that individually we do not have the financial resources to sponsor every good idea we come up with.”

“We all do the best we can with our own limited incomes, but if more people like Earl Berg come forward and offer to help - we can do so much more. Maybe one day a progressive government will offer to assist us on a bigger scale and then you will see phenomenal and rapid progress in Amerindian communities in the Caribbean" said Corrie.  

Interested donors may contact the Caribbean Amerindian Development Organization at the e-mail address caribbeanamerindian@gmail.com

UCTPTN 09/28/2012

Caribbean Amerindian Development Organization Established

Dominica, West Indies (UCTP Taíno News) –December 9^th, 2012 marked another historic day in the annuals of the history of Caribbean Indigenous Peoples as it marked the founding of the Caribbean Amerindian Development Organisation (CADO). The founding board of this Caribbean-based initiative includes well-known members of the Lokono Arawak,Kalinago Carib, and the Taíno Indigenous Nations. The group will focus on various projects to restore and or promote the tangible and intangible Amerindian culture and heritage throughout the islands, and be registered officially as a non-profit in Watikubuli(Dominica), Eastern Caribbean.

A collective statement by CADO noted that “"We are coming together to bring benefits to our peoples as best as we can. Being traditionalists as we all are, 'Development' is understood by us to be that which restores as much of our tangible and intangible heritage as has been lost and ensuring that as much as possible of it is taken into the future in the hearts and minds of the generations yet unborn that will follow us down the red road of our ancestors."

CADO’s founding board highlights gender and regional balance with the following members Shirling Simon-Corrie (Lokono), Damon Corrie (Lokono), Louisette Auguiste(Kalinago), Irvince Auguiste (Kalinago), Migdalia Ma. Pellicier (Taíno), and Roberto Mukaro Borrero (Taíno). From their spiritual perspective, and in their Caribbean traditionalist Amerindian Cosmovision, the 3 tribal nations are of the same maternal umbilical cord/tree of life, with a base/roots in the Lokono South, a middle/solid trunk in the Kalinago center, and top/crown; branches in the Taino North.

Members are all experienced indigenous rights advocates participating throughout the region locally, nationally, and internationally at such forums as the United Nations and the Organization of American States.  Justifiably, the CADO motto is "Dedicated to the Preservation and Promotion of Amerindian Cultural Heritage, and the Implementation of Internationally Recognized Rights of Indigenous Peoples"

The groups contends that while it is well known that Caribbean Indigenous Peoples were the first to suffer “historical colonialism's cruel fate,” they are the “least listened to” of all Indigenous Peoples in the Western hemisphere. CADO members also affirm that Amerindians still suffer the effects of present-day neo-colonialism in the Caribbean, which continues to ignore indigenous existence or marginalize contemporary communities and organizations. From the perspective of its founding members, CADO’s regional perspective emphasizes, not only the spirit of resistance to assimilation, but also of the calls for Caribbean Amerindian unity.  As such, the founders of CADO plan to move forward as “one blood, one mind, and one spirit.”

As Bob Marley prophesied, “as it was in the beginning, so shall it be in the end.”

UCTPTN 12.21.2012