In December 2015, global deliberations over how to avert the catastrophic consequences of climate change culminated in what has been called a historic milestone agreement and hailed as a victory for diplomacy in a divided world. The largely voluntary agreement aims to officially kick-start the end of the fossil-fuel era by setting the goal of “zero emission by the second half of this century”, limit global warming below 2℃, and strive to limit it to 1.5℃, put states under review after 5 years, and send $100 billion a year to developing countries as assistance in the development of cleaner energies. Following two decades of negotiations, States did agree to some legally binding aspects of the deal: to submit an emissions reduction target and to allow regular review of progress, although the goals set by states will remain voluntary. 

Although UNPO strongly welcomes dialogue in tackling global problems, it remains cautious as the deal relies on voluntary State action, leaving governments and private companies unchecked in their search for solutions. In addition, the future of indigenous peoples still remains unclear. The deal provides no specific protections to indigenous groups, stuck between complete devastation and unwilling governments. The Paris Agreement has been considered inadequate by indigenous groups, because the provisional article safeguarding indigenous rights (article 2.2) was annexed from the legally binding operative text of the deal during the negotiations. All other mentions of indigenous peoples are not legally binding. 

Worryingly, COP21 reinforced the exclusion of the communities most affected by climate change. Few examples are more illustrative than the case of the indigenous population in the Amazon in Brazil. Despite their relentless efforts to resist deforestation, mining and agricultural activities, the negotiations in Paris disregarded their plight and side-lined the human rights dimension of saving the Earth's largest rain forest, the planet's lungs.

"For Indigenous Peoples, the United Nations Declaration on the Rights of Indigenous Peoples should be at the heart of any negotiation and implementation process. Indigenous peoples saw the Climate Change Conference in Paris as an opportunity to push for stronger human rights wording not only in the preamble but also in the various articles of the agreement to ensure respect for Indigenous Peoples’ rights. Sadly, the agreement asks States to merely consider their human rights obligations, rather than comply with them." Statement on COP21 by Permanent Forum Chair, Professor Megan Davis

Indigenous people have wisely preserved and lived on some of the most biologically diverse lands by sustainably fostering their cultures, economies and philosophies in harmony with the natural world. They have protected and nurtured their ancestral lands where they practice their way of life; cultures, traditions, languages, and spiritual ceremonies. 

Indigenous peoples have come head to head with the present economic system based on exponential growth, short-term profits and exploitation of natural resources. Rich resources, such as forests, wildlife, fresh water, and minerals have been well-sustained by traditional indigenous knowledge of balancing and limiting use. Yet, they are currently being corroded by new technologies and globalized rules of trade and investment. Many indigenous communities have been expropriated from their ancestral lands, and are now unable to access their resources to ensure their survival, further pushing them into severe poverty.

Is the deal enough to save the planet? Is it enough to protect the world's most vulnerable populations? Despite all its weaknesses, the agreement is nevertheless ambitious, but requires serious political will to implement commitments.

What this agreement does demonstrate is the fact that the needs and concerns of vulnerable minority and indigenous groups are systematically and systemically overlooked. The lack of representation of indigenous and stateless voices at COP21 should push us to re-think how to ensure fair representation on the international level and re-imagine new modes of participation of unrepresented or underrepresented groups.  

"I call on all States to make sure that Indigenous Peoples fully participate in such processes so that the agreement is implemented at the national and local levels in a sustainable way that is in line with Indigenous Peoples’ traditional knowledge and practices. It is essential that States are mindful of Indigenous Peoples’ socio-economic limitations as well as their spiritual and cultural attachment to their lands and waters and ensure their Free, Prior and Informed Consent in such processes."

Prof. Megan Davis

 Photo courtesy of AFP