CLIMATE CHANGE AND HUMAN RIGHTS the Development of National Legislation on Access to Information, Public Participation and Access to Justice in Environmental Matters, which are intended to be used as a guidance tool for states in the implementation of Rio Principle 10.255 3.6 Human Rights Safeguards in International Climate Finance Mechanisms (a) Clean Development Mechanism The CDM modalities and procedures include rules that require stakeholder consultation (LSC) and global stakeholder consultation (GSC) prior to the validation of a CDM project.256 These include rules directing the project participants and coordinating/managing entities to inform the public about the proposed CDM project, invite comments from local and global stakeholders, and explain how these comments were considered in the decision-making process.257 These rules are expressed in relatively general terms, lacking definite criteria for what constitutes adequate stakeholder consultation. Moreover, the rules do not require the consent of local stakeholders, nor do they outline any substantive requirements to promote the well-being of local people or the protection of rights (e.g., requirements for equitable distribution of project benefits). Nor is there any framework for prioritizing projects that will have beneficial impacts on the poor and other vulnerable groups, and their local environments.258 And although the project participants may include commitments to address stakeholder comments in the CDM project (e.g., commitments for job creation, mitigation of environmental harms, or compensation for land), there are no rules for monitoring the status or completion of those commitments. Finally, there are no provisions for stakeholders wishing to raise concerns about a project after it has been validated and registered, nor is there a grievance mechanism for individuals and communities who have been harmed by CDM projects. As a result of these procedural deficiencies, Carbon Market Watch concluded that many CDM projects have been registered “despite insufficient local stakeholder consultation, strong local opposition and clear evidence that projects cause harm to the local populations and/or ecosystems.”259 The Executive Board of the CDM has taken steps to improve stakeholder consultation for CDM projects. For example, at its seventieth meeting in 2012, the Board issued a decision directing Designated Operational Entities (DOEs) to assess whether LSC is still adequate when significant changes occur in the project design after the initial LSC.260 However, as noted in a recent concept note on improving stakeholder consultation in CDM projects, there are additional changes that could be made to the CDM rule and regulations “to increase the participation of stakeholders in, and the transparency, clarity, and effectiveness of,” the local and global stakeholder consultation processes.261 Recommendations for the CDM and other climate finance mechanisms are presented in Part 4. The lack of adequate provisions for stakeholder consultation in this context reflects a failure on the part of governments to protect and promote both substantive and procedural human rights. As noted in section 1.2, there are some egregious examples of CDM projects that have resulted in the violation of human rights through displacement and the destruction of livelihoods. Better safeguards are needed to ensure that such violations do not occur in the context of future CDM projects. (b) REDD+ The Cancun Agreements included a set of safeguards that serve as guidance for forest activities aimed at mitigating climate change.262 These included some provisions that are relevant to the protection of human rights—e.g., that projects should demonstrate “respect for the knowledge and rights of indigenous peoples and members of local communities” and that they should include the “full and effective participation of relevant stakeholders, in particular 255 UNEP, Guidelines for the Development of National Legislation on Access to Information, Public Participation, and Access to Justice in Environmental Matters, Decision SS.XI15, Part A, Feb. 26, 2010. 256 UNFCCC Decision 3/CMP.1, Modalities and procedures for a clean development mechanism as defined in Article 12 of the Kyoto Protocol, UN Doc. FCCC/ KP/CMP/2005/8/Add.1 (March 30, 2006); UNFCCC, CDM Standards, http://cdm.unfccc.int/Reference/Standards/index.html (last visited Oct. 13, 2015). 257 Id. 258 Philippe Cullet, The Kyoto Protocol and Vulnerability: Human Rights and Equity Dimension (International Environmental Law Research Centre 2010). 259 Carbon Market Watch, Social and Environmental Accountability of Climate Finance Instruments, 3 (Sept. 2015). 260 EB 70 report, para 91. The Board also adopted a decision to improve the global stakeholder consultation through further action. See EB 70 Report, para 90(a)(b)(d), and (e). 261 Concept Note: Improving Stakeholder Consultation Processes, Version 01.0, CDM-EB86-AA-A15, at Para. 6 (2015?). 262 Cancun Agreements, 92011), supra note 86, at Appendix I. 36 I M P L E M E N TAT I O N A S S E S S M E N T