Mario Robert Duran Ortiz (2008)
CLIMATE CHANGE AND HUMAN RIGHTS
Costa Pinto Biomass Cogeneration Plant in Piracicaba, São Paulo, Brazil.
small-scale farmers through land acquisitions.45 According to a 2008 Oxfam Report, the “scramble
to supply” biofuels like palm oil, which was partly driven by EU biofuel targets, exacerbated the
food price crises, brought “30 million people into poverty,” and put 60 million indigenous people at
risk.46 Numerous adverse impacts on local stakeholders and human rights violations have also been
documented in the context of specific biofuel projects.47
Many of these projects have been funded through the UNFCCC Clean Development Mechanism (CDM) and
other climate finance mechanisms.48 Concerns have also been raised about the potential effect of the Reducing
Emissions from Deforestation and Forest Degradation (REDD/REDD+) program on indigenous groups and local
stakeholders—specifically, that: (i) there may not be sufficient opportunities for input and consent from the
people whose lives and livelihoods are affected by REDD/REDD+ projects; (ii) the commodification of forest carbon
sequestration services will lead to land grabs that will displace people who lack adequate legal protections and
land tenure; and (iii) the payments for those sequestration services will not be equitably distributed among local
stakeholders.49
On a more general level, there are concerns about the distributional consequences of mitigation policies. Carbon
pricing schemes, for example, can have a disproportionate effect on indigenous peoples, the poor, and other
FAO, Climate Change Adaptation and Mitigation: Challenges and Opportunities in the Food Sector 7 (2012); Nicola Colbran, Indigenous Peoples in Indonesia:
At Risk of Disappearing as Distinct Peoples in the Rush for Biofuel? 18 Int’l J. on Minority & Group Rights 63 (2011); UNDP, Human Development Report
2007/2008, Fighting climate change: human solidarity in a divided world 143 (2007); International Council on Human Rights, Climate change and Human Rights: A
Rough Guide 33-36 (2008), at 33-36; Olivier De Schutter, Special Rapporteur on the Right to Food, Building Resilience: A Human Rights Framework for
World Food and Nutrition Security, ¶ 31, UN Doc A/HRC/9/23 (2008).
46 Oxfam, Climate Wrongs and Human Rights: Putting People at the Heart of Climate-Change Policy 15-16 (2008).
47 Accountability Counsel, Fueling Human Rights Disasters: An examination of the U.S. Overseas Private Investment Corporation’s Investment in Buchanan Renewables
(2014); ActionAid, Feeling the biofuels pressure: Human rights abuses in Guatemala (2013); Center for Human Rights and Global Justice, Foreign Land Deals and Human
Rights: Case Studies on Agricultural and Biofuel Investment (NYU School of Law 2010).
48 Jeanette Schade and Wolfgang Obergassel, Human Rights and the Clean Development Mechanism, 27 Cambridge Review of International Affairs 717 (2014);
Roht-Arriaza (2010), supra note 44, at 597-598. See also Jake Abrahamson, An Indian Coal Plant’s Human Rights Crisis, Sierra, July 4, 2015 (discussing
human rights abuses associated with the construction of the Sasan coal-fired power plant, which received CDM support because it employed more
efficient coal technology); Anuradha Munshi, Bank Information Center Trust, Sasan Ultra Mega Power Project – A Brief Report (Sept. 2013) (further
detailing adverse consequences on local communities associated with the Sasan project).
49 Arturo Balderas Torres & Margaret Skutsch, Challenges for Pro-Poor Benefit Sharing Schemes in the Implementaiton of REDD+ in Mexico, Technical Series:
Forest Governance and Economics, No. 2 (IUCN 2014); Cristiane Faustino and Fabrina Furtado, The Green Economy, Forest Peoples and Territories: Rights
Violations in the State of Acre (Platforma de Dirietos Humanos, Econômicos, Sociais, Culturais e Ambientais 2014); Aled Dilwyn Fisher, A Human Rights-Based
Approach to the Environment and Climate Change: GI-ESCR Practitioner’s Guide 11 (2014); David Takacs, Environmental Democracy and Forest Carbon (REDD+),
UC Hastings Legal Studies Research Paper No. 103 (2014); Joyeeta Gupta et al., Climate Change, Forests, and REDD: Lessons for Institutional Design (Routledge
2013); Annalisa Savaresi, REDD+ and Human Rights: Addressing Synergies between International Regimes, 18 Ecology and Soc’y J. 5 (2013); Margaret
Skutsch, Slicing the REDD+ Pie: Controversies Around the Distribution of Benefits (2012).
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