The Indigenous World 2023: UN Framework Convention on Climate Change (UNFCCC)

Written on 30 March 2023. Posted in UN Framework Convention on Climate Change (UNFCCC)

The United Nations Framework Convention on Climate Change (UNFCCC) is an international treaty adopted at the Earth Summit in Rio in 1992 to tackle climate change. After more than 20 years of climate negotiations, in 2015, UNFCCC State Parties adopted the Paris Agreement, a universal agreement aiming to hold “...the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C...” (Art. 2a).

The Paris Agreement also sets out to increase the world’s ability to adapt to the adverse impacts of climate change, and foster resilience and low greenhouse gas emissions development (Art. 2b) as well as making finance flows consistent with this (Art. 2c). ^[i] Indigenous Peoples are referenced five times in the Paris Agreement, including in the preambular (recognition of the rights of Indigenous Peoples) and operative text (Article 7.5 and Paragraph 135).^[ii]

The UNFCCC recognizes that achieving sustainable development requires active participation of all sectors of society. Nine “constituencies” are therefore recognized as the main channels through which broad participation is facilitated in UN activities related to sustainable development. Indigenous Peoples constitute one of these major groups and thereby exercise an influential role in global climate negotiations. The Indigenous Peoples’ constituency is organized in the International Indigenous Peoples’ Forum on Climate Change (IIPFCC), which serves as a caucus/mechanism for developing common positions and statements of Indigenous Peoples, and for undertaking effective strategies, lobbying and advocacy work at UNFCCC meetings and sessions.

The Local Communities and Indigenous Peoples Platform (”the Platform”) under the UNFCCC was formally established in 2015 albeit not immediately operationalized. Beginning with an agreement on the Platform’s functions and purpose in 2018, progress advanced with the creation of a Facilitative Working Group (FWG) – the first constituted body under the UNFCCC with equal representation between Indigenous Peoples and States. During the FWG’s first year of operation, a two-year workplan (2020-2021) comprising 12 activities was co-developed and adopted at the 25^th Conference of the Parties (COP 25) in December 2019. This was further advanced with the adoption of a subsequent three-year workplan at COP 26 in November 2021. These advances raised expectations among Indigenous Peoples who, given the lack of recognition of their nationhood by States, are trapped between the Convention’s State/non-State binary and therefore not fully accommodated within the legal framework of the UNFCCC. Their inherent, collective right to self-determination as Peoples, reaffirmed in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), necessitates a space at the negotiating table alongside States. As it is still early days for the Platform in UN terms, it remains to be seen whether the influence and recognition of Indigenous Peoples through direct participation at the UNFCCC will be elevated above that of civil society. Indigenous Peoples hold firm that their status as rights-holders must differentiate their participation from other constituencies and that of civil society.

COP 27^[iii] took place in Sharm El-Sheikh, Egypt, in November 2022, marking the first COP without any COVID-19 precautions since 2019. A total of 49,704 people were accredited, including Indigenous Peoples’ representatives, party representatives, media, and civil society, surpassing COP 26 in Glasgow by nearly 10,000 participants and becoming the largest COP in history. The conference aspired to “turn words into action” and focus on implementing the Paris Agreement.

The talks took place against a backdrop of multiple social, economic, geopolitical, health and environmental crises in the world: the ongoing health crisis caused by COVID-19; the food and energy security crisis; the systematic violation of human rights by authoritarian regimes and other actors, including the invasion of Ukraine by Russia; and, of course, the climate and biodiversity crises. COVID-19 continued to spread, with the total loss of lives surpassing 6.5 million, shining a stark light on inequity both between countries (especially the Global North and Global South) and within them.^[iv] At the same time, the climate and biodiversity crises continued to threaten the future of humanity and the planet, highlighted during the year in reports from the Intergovernmental Panel on Climate Change (IPCC).^[v] These are analysed in the IPCC chapter of The Indigenous World 2023 (see page 658).

The current emissions reduction trajectory is not looking good: the annual Updated Nationally Determined Contributions (NDC) Synthesis Report by the UNFCCC Secretariat confirmed that the combined climate pledges of 193 Parties will in fact increase emissions by 10.6% in 2030 rather than decrease them, putting the world on track for around 2.5 degrees Celsius of warming by the end of the century.^[vi] Despite this inaction, Indigenous Peoples continued to raise their voice, drawing on knowledge systems developed from thousand-year-old, reciprocal relationships with the natural world. At COP 27, Indigenous Peoples attended with over 270 representatives from the seven UN socio-cultural regions of the world, the highest number since COP 21 in Paris, which had marked a record number of Indigenous attendees. Despite this growing representation and presence of Indigenous Peoples, COP 27 failed to demonstrate the translation of this momentum into meaningful COP decision text.

COP 27: “turning words in action”?

Taking a page from the United Kingdom (UK) Presidency, the Egyptian government hosted a Sharm El-Sheikh Climate Implementation Summit (similar to the COP 26 World Leaders’ Summit) during the first two days of the conference, welcoming Heads of State and Government from over 100 Parties. The event raised eyebrows when a “family photo” was released, highlighting a clear imbalance with regard to gender representation (predominantly men). Worse still, only select members of the nine constituencies were invited to participate in six “high-level” roundtable discussions on topics such as water security, vulnerable communities, energy security, and “just transition”. Further, these members were not even guaranteed time to speak. These participation challenges were not limited to the high-level segment as access, surveillance, harassment, slow internet speeds, as well as a lack of accessible food and drink options, were rampant throughout the two weeks.^[vii] Two Indigenous representatives from North America had their accreditation revoked after briefly interrupting a speech by the President of the United States with a war cry and a banner denouncing fossil fuels.^[viii] As a result of this environment, Indigenous Peoples and civil society were granted permission to host the annual march for climate justice inside the blue zone to pre-empt clashes with Egyptian security.

The most monumental decision at COP 27 was the creation of the Loss and Damage Finance Facility, the culmination of nearly three decades of advocacy from small island nations and Least Developed Countries (LDCs). The journey to this decision began in controversy, igniting an “agenda fight” of nearly 24 hours of negotiations to solidify a discussion on “funding arrangements responding to loss and damage”. The eventual decision, after significant back and forth (captured well by Carbon Brief^[ix]), was passed late into overtime and committed to establishing “new funding arrangements for assisting developing countries that are particularly vulnerable to the adverse effects of climate change, in responding to loss and damage…” [emphasis added], a new fund, and a transitional committee to operationalize these funding recommendations. These discussions will continue at COP 28, where ministerial consultations are to be held. This is a significant win for developing countries, and an acknowledgement that developed countries are historically responsible for the bulk of atmospheric greenhouse gas emissions. Yet, there are no references in the text to Indigenous Peoples requiring additional advocacy and diplomacy, including in the form of a new member alongside a representative from the Youth and Women and Gender’s Constituency to the Santiago Network advisory body,^[x] to ensure Indigenous Peoples in developing countries can access these new funds. Further discussion is also needed in order to widen the conversation to incorporate loss and damage, including non-economic loss and damage, faced by Indigenous Peoples in all regions.

On Article 6, Indigenous Peoples had had some success at COP 26 in Glasgow in ensuring explicit reference to human rights and the rights of Indigenous Peoples, including in specific operative texts (for the first time ever), and establishing an independent grievance process in Article 6.4. Despite this progress, inclusion of Indigenous Peoples’ priorities in Article 6.2, 6.4, and 6.8 at COP 27 was limited. Article 6.4, for instance, created quite the storm as recommendations from the supervisory body on greenhouse gas removals were clearly rushed and declared problematic, raising concerns for the integrity of the Paris Agreement. Many Parties agreed, and COP 27 sent this guidance back to the supervisory body for additional guidance on the use of emission reduction credits, or “A6.4 ERs” for short. Other relevant decisions were taken including on the Mitigation Work Programme, the Global Goal on Adaptation, Koronivia Joint Work on Agriculture, and Gender and Climate.^[xi]

The Sharm El-Sheikh Implementation Plan (“Implementation Plan”) was the main political outcome of the conference. The process, however, was not transparent as the Egyptian Presidency approached the negotiations with a heavy hand, limiting the formal negotiating time and forcing Parties to discuss bilaterally with the Presidency. This approach effectively limited any meaningful involvement from Indigenous Peoples and other constituency groups. The eventual text maintained the language on “phasing-down” unabated coal and “phasing-out” inefficient fossil fuel subsidies included in Glasgow, and neglected to take any further steps on the role of fossil fuels more broadly. Notable commitments included a call for the transformation of the financial system and its structures (as well as practices and priorities) to address the climate emergency, a launch of the work programme on just transition, and a reference to the right to a clean, healthy and sustainable environment.^[xii] For Indigenous Peoples, though, the Implementation Plan took steps backwards, as references to Indigenous Peoples decreased from eight in the Glasgow Climate Pact to two: one preambular reference to human rights and the rights of Indigenous Peoples; and another recognizing the important role that Indigenous Peoples, among many other actors, play in taking climate action.

Indigenous Peoples: growing representation in the UNFCCC

The presence of Indigenous Peoples at COP 27 was anything but marginal. A pre-meeting in October among Indigenous Peoples’ representatives from Africa, in advance of the Africa and Asia Bi-Regional Gathering, set the foundation for strong coordination and collaboration amongst Indigenous Peoples, with a special emphasis on leadership from the host Indigenous region. Using this hospitality, the International Indigenous Peoples Forum on Climate Change (IIPFCC) hosted, with generous support from IWGIA, a two-day preparatory meeting in Sharm El-Sheikh with representatives from all seven regions to ensure a strong and united voice from Indigenous Peoples at the COP.^[xiii]

Building on the momentum from the productive relationship with the COP 26 UK Presidency, as well as the institutional credibility associated with the new three-year workplan of the Local Communities and Indigenous Peoples Platform (“the Platform”), Indigenous Peoples effected a tangible increase in the presence afforded to them. In partnership with the UNFCCC Secretariat, a space for ceremony was created in the venue, allowing Indigenous Peoples to host cultural activities that included smudging, the burning of sacred medicines. A key element of this presence was the size and location of the Indigenous Peoples Pavilion, offered by the Egyptian Presidency in the blue zone (again) and self-funded by Indigenous Peoples, led by NDN Collective.

The Indigenous Peoples Pavilion operated as a home base during the conference, containing a large, open-spaced theatre hall, a media zone where Indigenous Peoples could record videos and take interviews, an elders’ lounge, and an office space for caucus coordination. Over the two weeks, 67 events by Indigenous women, men, and youth, representing hundreds of Indigenous nations from over 25 countries, shared presentations, panel-discussions, film-screenings, and songs to showcase their initiatives on climate change adaptation and mitigation. Learning from COP 26, the full suite of presentations were live-streamed and can be found on the stand-alone website.^[xiv]

In addition to the Pavilion, Indigenous Peoples held several high-level meetings, including a Presidency Dialogue with COP 27 President Sameh Shoukry, a closed-door meeting with US Special Envoy John Kerry and USAID Administrator Samantha Power, as well as a meeting with President-Elect Lula da Silva of Brazil, President Gustavo Pedro of Colombia, and UN Secretary General António Guterres. Indigenous Peoples from all seven regions were able to share with these representatives the role of Indigenous Peoples’ rights, knowledge systems, and perspectives in addressing the climate crisis and the international climate policy process. These efforts also built on the suite of events organized by the Facilitative Working Group of the Platform, including the second Annual Gathering of Indigenous Knowledge Holders and the inaugural Indigenous Youth Roundtable (as described later in this article).

A key area of advocacy for Indigenous Peoples at COP 27 related to access to finance: a legacy spurred by a pledge of USD 1.7 billion at COP 26 by a group of financial partners for the period 2021-2025 targeted at Indigenous Peoples and local communities’ forest tenure.^[xv] In response to the limited scope and geography, as well as concerns at the lack of money flowing directly to Indigenous Peoples,^[xvi] Indigenous Peoples from all seven regions worked for over a year to developed a response to ensure direct Indigenous access to this funding, summarized in the document, Principles and Guidelines for Direct Access Funding for Indigenous Peoples’ Climate Action, Biodiversity Conservation and Fighting Desertification for A Sustainable Planet.^[xvii] The document prioritizes Indigenous Peoples’ right to self-determined development and demands direct access to, and management of, funding pledged for Indigenous Peoples for all seven socio-cultural regions and ecosystems. Halfway through the COP, Indigenous leaders invited financial partners from the UN, public sector, private philanthropies and other stakeholders to formally launch the Principles and Guidelines. With over 200 in attendance, the Indigenous Peoples formally submitted the Principle and Guideline document to the partners in attendance.

The Local Communities and Indigenous Peoples Platform

The new three-year workplan of the Platform was adopted at COP 26 in Glasgow. 2022 was the first year of implementing the new set of activities, such as a series of training workshops and tools for Indigenous Peoples and States (new Activity 4 and 5), and an annual roundtable in collaboration with Indigenous youth (new Activity 8),^[xviii] while also maintaining important activities such as the Annual Gathering of Knowledge Holders, as well as regional gatherings (Activity 1 and 2). The UNFCCC Secretariat continued the tradition of “Informal Dialogues with Contributors” before FWG meetings as a mechanism to support their full and effective participation.

FWG 7 was held over four days from 1-3 June in Bonn, marking the first gathering of the new FWG members, including Indigenous representatives self-selected by their regions. The new members had to elect new sets of Co-Chairs and Vice-Chairs (one Indigenous representative and one State representative for each) for the first one-year term.^[xix] Following this election, each agenda item followed a similar format, new FWG representatives received an update on Activity progress and volunteered to co-lead relevant activities. The members then received updates on the Global Stocktake, a panel discussion with authors from the Intergovernmental Panel on Climate Change, a collaborative discussion with constituted body representatives and a focused discussion on climate financing. Following discussion by the FWG members, the floor was then opened to dialogue for Indigenous and non-Indigenous contributors to comment.^[xx]

Several weeks before COP 27, the first ever bi-regional knowledge holders gathering was hosted in Chad, where knowledge holders from the African and Asian region, around 80 in all, got together to identify and address the impacts of climate change, bringing together strategies to reduce greenhouse gas emissions, support adaptation, and build climate resilience in a manner that respects and promotes human rights. The gathering demonstrated the essential role that Indigenous Peoples’ knowledge systems play at the local, regional, and national level for climate, featuring the participation of ministerial and high-level officials from Chad. It ended with a community visit, profiling the leadership that Indigenous Peoples are demonstrating on the ground and not just in the policy arena. A bi-regional gathering, hosted by the North American and Latin American and Caribbean regions, was also being planned for fall 2022 but has been postponed until March 2023.

The second FWG meeting of the year (FWG 8) took place in Sharm El-Sheikh on 1-4 November, following a circular format and beginning with a ceremonial opening by Uncle Raymon Minniecon, a Kabikabi and Gurang-Gurang knowledge keeper from Australia. Following an update on the workplan, the meeting shifted to a discussion of FWG input to the Global Goal on Adaptation and relevant constituted bodies, where representatives of the UNFCCC Secretariat, as well as representatives sitting on the Adaptation Committee, the Warsaw International Mechanism for Loss and Damage, and the Consultative Group of Experts, among others, presented to the FWG and observers, seeking feedback on how they can better include Indigenous representation. On the fourth day, the FWG held a closed meeting to confirm action items from the session, proposing a series of actions including an update to the draft working modalities, an effort from the FWG to provide greater clarity on the role of members and their relationship to the Indigenous Peoples’ caucus.

The second Annual Gathering of Indigenous Knowledge Holders maintained the momentum from the first as 32 representatives, five from each region travelled to Sharm El-Sheikh to discuss their experiences, teachings, and reflections. The session included a full-day preparatory meeting, held on the same day as the Climate Implementation Summit, and a meeting with States, constituted bodies, and observers. The event created a series of Calls-to-Action and recommendations that tangibly demonstrated the leadership that Indigenous Peoples are showing on all elements of climate action.^[xxi] On the second day of the Climate Implementation Summit, an all-day, Indigenous Youth Roundtable was held. This was the first roundtable of its kind, creating a safe space for Indigenous youth to share what is happening in their territories and communicate their experience to other Indigenous youth. The session was moderated by Dilbara Sharipova (Aborigen-Forum Network) and the late Chris Honahnie (FWG Alternate Member from North America). Following this preparatory meeting, the participants presented a series of recommendations to the Parties and relevant constituted bodies to improve the meaningful participation of Indigenous youth in domestic, regional, and international climate policy and action. A multi-stakeholder open dialogue focused on strengthening the participation of Indigenous Peoples in research and scientific processes as well as a joint event with the Gender Action Plan on the role of Indigenous women in addressing climate change were held during the first week of the COP.

The series of events hosted by the Platform illustrates the growing role and influence of Indigenous Peoples in the UNFCCC. However, work remains to be done in order to continue breathing life into the workplan and translate the outcomes of these activities into tangible decisions that support Indigenous Peoples’ leadership on the ground.

COP 28: moving east to Dubai

Indigenous Peoples continue to punch above their weight, making space in an inherently colonial institution, the UNFCCC. Their increasing presence, including the high number of Indigenous Peoples’ representatives, shows how effective Indigenous Peoples’ advocacy, diplomacy, and solidarity have been. However, COP 27 showed that the transition to implementation does not necessarily mean that these hard-fought gains will be translated into action plans on the ground. As such, Indigenous Peoples will need to continue asserting their rights and pressuring States, the private sector, and other actors to listen to the voices of Indigenous elders, women, men, youth, knowledge keepers, and leadership, and translate that listening into urgent action. In the midst of climate incrementalism, this is the only way to accelerate transformative and just change amid the existential threats that Indigenous Peoples are facing daily.

Graeme Reed is an Anishinaabe from the Great Lakes (Wiikwemkoong Unceded Territory) with mixed ancestry from England, Scotland, and Germany. He works at the Assembly of First Nations leading their involvement in federal and international climate policy, including as North American Indigenous representative of the Facilitative Working Group of the UNFCCC’s Local Communities and Indigenous Peoples Platform, and outgoing co-Chair of the International Indigenous Peoples’ Forum on Climate Change. He holds a PhD from the University of Guelph.

Hindou Oumarou Ibrahim is an Indigenous woman from the Mbororo pastoralist people in Chad and Founder/President of the Association of Indigenous Women and Peoples of Chad (AFPAT). She is an advocate for the greater inclusion of Indigenous Peoples and their knowledge and traditions in the global movement to fight the effects of climate change, protect the environment and their rights. Ms Ibrahim received the Pritzker Emerging Environmental Genius Award and was appointed as a UN Sustainable Development Goals Advocate. She serves as a Member of the UN Permanent Forum on Indigenous Issues, is a member of the Indigenous Peoples of Africa Coordinating Committee (IPACC), and co-Chair of the UNFCCC’s International Indigenous Peoples’ Forum on Climate Change.

Stefan Thorsell is Climate Advisor at the International Work Group for Indigenous Affairs (IWGIA). He engages in international climate advocacy at the UNFCCC and the Green Climate Fund in collaboration with Indigenous representatives. Stefan has published on Indigenous Peoples’ rights and climate.

This article is part of the 37^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

Notes and references 

^[i] UNFCCC. “The Paris Agreement.” Accessed 19 January 2022. https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement

^[ii] More about the references afforded to Indigenous Peoples within the UNFCCC can be found in this book prepared in collaboration between the International Indigenous Peoples Forum on Climate Change and the Centre for Environmental Law: https://www.ciel.org/reports/indigenous-peoples-and-traditional-knowledge-in-the-context-of-the-un-framework-convention-on-climate-change-2020-update/

^[iii] For more detail on the participants, see the UNFCCC’s official participant list: https://unfccc.int/documents/624508 and https://unfccc.int/documents/624509

^[iv] We feel that it is appropriate to capture this reality truthfully. In the words of World Health Organization Director-General Tedros Adhanom Ghebreyesus, the world reached a situation of vaccine apartheid in May 2021.

^[v] IPCC. “AR6 Climate Change 2021: The Physical Science Basis.” Accessed 19 January 2022.https://www.ipcc.ch/report/ar6/wg1/

^[vi] UNFCCC. “Updated NDC Synthesis Report: Worrying Trends Confirmed.” Accessed 19 January 2023.

https://unfccc.int/news/climate-plans-remain-insufficient-more-ambitious-action-needed-now

^[vii] Politico reported on concerns from cyber security experts that Egypt’s COP27 summit app – which offered information such as meeting times and venue maps – could be used to spy on delegates. When downloaded on an Android phone, the app allegedly has the capability “to hack private emails, texts and even voice conversations”, according to experts who reviewed the app for Politico: https://www.politico.eu/article/cop-27-climate-change-app-cybersecurity-weapon-risks/

^[viii] https://www.theguardian.com/environment/2022/nov/18/shameful-un-silencing-indigenous-voices-say-banned-cop27-activists and https://www.youtube.com/watch?v=Cu101vSslaw

^[ix] Carbon Brief here: https://www.carbonbrief.org/cop27-key-outcomes-agreed-at-the-un-climate-talks-in-sharm-el-sheikh/

^[x] Please refer to the decision text on the Santiago Network Advisory Body: https://unfccc.int/sites/default/files/resource/cma4_auv_7_WIM.pdf

^[xi] All relevant decision texts can be found here: https://unfccc.int/cop27/auv

^[xii] For more information, please refer to the Sharm El-Sheikh decision text: https://unfccc.int/documents/624444

^[xiii] See the official statements of the IIPFCC here: http://www.iipfcc.org/

^[xiv] IIPFCC Pavilion. “Livestream.” Accessed 19 January 2022. https://www.iipfccpavilion.org/livestream

^[xv] https://ukcop26.org/cop26-iplc-forest-tenure-joint-donor-statement/

^[xvi] A report from a group of donors, the Forest Tenure Funders Group, showed that of the USD 321 million delivered in 2021, just 7% went directly from the donors to organisations led by Indigenous Peoples or local communities. More here: https://landportal.org/library/resources/indigenous-peoples-and-local-communities-forest-tenure-pledge-annual-report-2021

^[xvii] The document can be accessed here: https://assets.takeshape.io/86ce9525-f5f2-4e97-81ba-54e8ce933da7/dev/01375808-c4d4-412c-80a5-8a516e835976/Indigenous%20peoples%20-%20principles%20%26%20guidelines%20for%20direct%20access%20funding.pdf

^[xviii] The final workplan, as well as the meeting notes can be found in the FWG 5 Report: https://lcipp.unfccc.int/events/5th-meeting-facilitative-working-group-fwg5

^[xix] Natsha Museba Banda (representing the United Nations regional group of African States) and Onel Masardule (representing the United Nations Indigenous sociocultural region of Central and South America and the Caribbean) as co-Chairs. Gunn-Britt Retter (representing the United Nations Indigenous sociocultural region of the Arctic) and Tiana Carter (representing the United Nations regional group of Western Europe and other States) were elected as Vice co-Chairs.

^[xx] A full set of outcomes from the meeting can be found in the Co-Chairs Note: https://lcipp.unfccc.int/information-hub/information-record-detail?source=896&typeresource=918&id=553

^[xxi] The recommendations from COP 27 had not been completed by time of publication. Instead, the recommendations and summary of the first Annual Knowledge Holders Gathering at COP 26 can be found here under Activity 1 of the 2020-2021 workplan: https://lcipp.unfccc.int/about-lcipp/workplan-activities

Tags: Global governance, Climate, Human rights, IWGIA