CLIMATE CHANGE AND HUMAN RIGHTS by the International Labour Organization”279 and the “rights and responsibilities set forth in the UN Declaration on the Rights of Indigenous Peoples and other applicable international instruments relating to indigenous peoples.” 280 • They require that projects be designed and implemented in a way that “avoids or minimizes the need for involuntary resettlement” and specify requirements for when “limited involuntary settlement is unavoidable” which include “socially feasible resettlement alternatives or fair and adequate compensation.” • They require that all supported projects “provide fair and equitable access to benefits in a manner that is inclusive and does not impede access to basic health services, clean water and sanitation, energy, education, housing, safe and decent working conditions, and land rights,” and that projects “should not exacerbate existing inequities, particularly with respect to marginalized or vulnerable groups.”281 They also include specific provisions to ensure that project proponents respect the rights of marginalized and vulnerable groups and women.282 • They include provisions for habitat protection, conservation of biological diversity, pollution prevention, resource efficiency, public health, physical and cultural heritage, and land and soil conservation.283 The policy also includes relatively robust requirements for public disclosure and consultation, and for monitoring, reporting, and evaluating the implementation of projects and risk mitigation measures.284 Finally the policy requires that the implementing entities identify a grievance mechanism that will provide affected persons with an “accessible, transparent, fair and effective process for receiving and addressing their complaints about environmental or social harms” caused by the project, and also allows for complaints to be submitted to the Adaptation Fund Board secretariat.285 Thus, like the Green Climate Fund, these safeguards appear to be sufficient for the protection and promotion of both substantive and procedural human rights. (e) Global Environment Facility The GEF is the oldest UNFCCC financial mechanism, and it manages two additional funds established by the COP: the Special Climate Change Fund (SCCF) and the Least Developed Country Fund (LDCF). In 2011, the GEF Council has also approved its own set of Policies on Environmental and Social Safeguards and Gender Mainstreaming.286 The environmental and social safeguards are similar to the World Bank safeguards.287 They require an initial screening for environmental and social impacts, and outline various substantive requirements for the protection of natural habitats, avoiding and minimizing involuntary resettlement, protecting the rights of indigenous peoples (but unlike the World bank, they require FPIC), pest management, the protection of physical cultural resources, and dam safety. Apart from the requirements for consulting with and respecting the rights of indigenous peoples, the public participation provisions are very weak. The social and environmental policy also lacks provisions to address adverse or disproportionate impacts on vulnerable or marginalized groups. The policy on gender mainstreaming outlines additional criteria for soliciting input from women and avoiding discriminatory outcomes. The policy calls for the preparation of a “gender mainstreaming strategy or plan” to “cover gender sensitive activities” but does not contain very robust requirements for ensuring that women are fully involved in the decision-making process and that benefits are equally distributed to women.288 The GEF safeguards provide some protection for human rights, but additional provisions on public notice and consultation would help to ensure that procedural rights are fully respected in the context of GEF-funded projects. 279 280 281 282 283 284 285 286 287 288 Id. at p. 17. Id. at p. 18. Id. at p.13. Id. at pp.14, 16. Id. at pp. 20-26. Id. at pp. 32, 33. Id. at p. 34. GEF Policies on Environmental and Social Safeguards and Gender Mainstreaming, GEF/C.40/10/REV.1, May 26, 2011. Johl & Lador (2012), supra note 273, at 8. GEF Policies (2011), supra note 291, at Annex II, p. 18. I M P L E M E N TAT I O N A S S E S S M E N T 39