The Disappearing And Reappearing Rights Of Indigenous Peoples In Article 6

Over the past week and half, Parties have been negotiating the terms of Article 6 and still struggle to agree on human rights language. In our opening statement, the IIPFCC, represented by Taily Terena, called on Parties to ensure that “Article 6 upholds human rights, and specifically, Indigenous Peoples’ Rights, and leads to real emissions reductions.” 

However, as we enter into week two, the hangover from COP25 still plagues Article 6, as our rights pop up and disappear on the whim of Parties in a political game of Whack-a-Mole. 

Article 6 has direct implications on communities – from land grabs to our rights to consultation and participation. There are growing concerns that without rights safeguards Article 6 would do little to substantially reduce emissions – something that many of our communities simply cannot afford to wait for. We need to ensure that we not only find ways to agree on mechanisms for reducing emissions, but that this happens swiftly and with the guidance of Indigenous Peoples who are already safeguarding 80% of the world’s biodiversity.  

As we enter this final leg of COP26 the IIPFCC calls Parties to uphold their existing commitments under the UN Declaration on the Rights of Indigenous Peoples (2007). Parties cannot pay lip service to our rights; they must speak up in supporting, and actively putting forward human rights and Indigenous Rights language in Article 6.

It’s not enough to support our rights in theory, or wait for other Parties to bring stronger language to the table. If Parties are not willing to fulfil their obligations and step up to propose this text then our rights will simply end up on the cutting room floor.

Specifically, Parties must ensure that the paragraph 11 of The Paris Agreement preamble, to “respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples…” is reiterated and operationalised in 6.2, 6.4 and 6.8. Furthermore, 6.4, 31 (e) must name Indigenous Peoples and comply with international standards including Free, Prior and Informed Consent. Finally, a grievance mechanism in Article 6 must be an independent body. 

Our rights are worth repeating.

Without these bare minimums in Article 6, the Rights of Indigenous Peoples continue to be at risk with high emitting Nations and multinational corporations seeing our homelands, our sacred places, and our relatives as nothing more than mechanisms to continue their polluting business as usual.

We should not be expected to be grateful for rights written in Invisible Ink. 

Parties need to put forward concrete language now, and ensure that Indigenous Rights in Article 6 don’t do another disappearing act.