Submission on Views regarding Human Rights in the Revision of the CDM Modalities and Procedures
Pursuant to paragraph 10 of Decision 5/CMP.8, the Human Rights & Climate Change Working Group, Abibimman Foundation, Alianza para la Conservación y el Desarrollo, Asociación Interamericana para la Defensa del Ambiente, Carbon Market Watch, Center for International Environmental Law, Centro de Estudios Ecológicos de la República Argentina, Climate Concept Foundation, Colectivo Revuelta Verde, Earthjustice, Foundation for GAIA, Gujarat Forum on CDM, International Rivers, International-Lawyers.Org, Klima ohne Grenzen gemeinnützige, La Mesa Nacional de Cambio Climático de Guatemala, Movimiento Ciudadano frente al Cambio Climático, Public Interest Network, Participatory Research & Action Network, Paryavaran Mitra, Planetary Association for Clean Energy, Regional Centre for Development Cooperation, A Trust for Nature, and Uttarakhand Save the Rivers Campaign respectfully make the following submission on views regarding the revision of the Modalities and Procedures for the Clean Development Mechanism (CDM).
As outlined in Appendix A, all States as well as UN institutions are bound by human rights obligations. These obligations require States to ensure that their responses to climate change do not violate human rights. These obligations further require States, individually and jointly, to take positive action to address and avert the threats posed by climate change to human rights. As such, climate change actions – in this case, CDM projects – must be designed, implemented, and monitored a way that respects the full and effective enjoyment of human rights, including the rights of access to information, public participation, and access to justice. To ensure the protection of fundamental rights and fulfill States‟ international obligations, the CDM must establish an institutional safeguard system that effectively prevents social and environmental harm, promotes sustainable development, and maximizes participation, transparency, and accountability. The review of the CDM Modalities and Procedures is an important opportunity for the CDM to integrate human rights protections into its governing policies and procedures.
As part of the review of the CDM Modalities and Procedures, the undersigned organizations call on the CDM to:
(1) establish institutional safeguards;
(2) strengthen local community and civil society participation; and
(3) provide processes to ensure that affected communities have a means to raise concerns at any stage of the project cycle.
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