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What Role for Human Rights in Clean Development Mechanism, REDD+ and Green Climate Fund Projects?

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Author(s): Haugen, Hans Morten

Journal: Nordisk Miljörättslig Tidskrift
ISSN 2000-4273

Volume: 2013;
Issue: 1;
Start page: 51;
Date: 2013;
Original page

Keywords: Inter-American Court of Human of Human Rights | Human Rights Committee | African Commission on Human and Peoples’ Rights | Human rights principles | Free | prior and informed consent | United Nations Declaration on the Rights of Indigenous Peoples

ABSTRACT
All UN bodies have a duty to contribute to the universal respect for and observance of human rights. From this basis, the article analyzes whether and how human rights are integrated in the approvalof projects under the Clean Development Mechanism (CDM), REDD+ (United Nations Collaborative Programme on Reducing Emissions fromDeforestation and Forest Degradation in Developing Countries) and projects funded by the Green Climate Fund and other adaptation mechanisms under the UN Framework Convention on Climate Change. Regarding the CDM, its Executive Board has reiterated that it has no mandate to investigate human rights impacts of the approved projects, but human rights concerns are at least implicit in some of the recommendations in the Report of the High-Level Panel on the CDM Policy Dialogue. As for the REDD+, human rights are present in three Guidelines applying to REDD+ projects. The mandate for the Board of the Green Climate Fund includes the establishment of two mechanisms; one to promote the input and participation of stakeholders and oneindependent redress mechanism. The article finds that there has been certain progress, also due to an increased acknowledgement of conflicts emerging from projects with negative human rights impact,but even seemingly comprehensive framworks contain wording that might restrict the application of human rights. There must be an awareness of these weaknesses in the negotiations of the post-Kyoto regime, mandated by the Durban Platform for Enhanced Action.

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