Rights of Indigenous People in Addressing Climate-Forced Displacement - Other

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Rights of Indigenous People in Addressing Climate-Forced Displacement - complaint

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Five U.S. Indian tribes submitted a complaint to the United Nations alleging that the U.S. government has violated their human rights in failing to address climate displacement. The complaint calls on several Special Rapporteurs to intervene and investigate, and to recommend that the U.S. government and the states of Alaska and Louisiana take steps to address displacement caused by climate change. 
The Alaska Institute for Justice submitted the complaint on behalf of five tribes located in Louisiana and Alaska: Point-au-Chien Indian Tribe, Grand Caillou/Dulac Band of Biloxi-Citimacha-Cochtow Tribe, the Atakapa-Ishak Chawasha Tribe of the Grand Bayou Indian Village, and the Native Village of Kivalina. The complaint is directed to the Special Rapporteurs on the Human Rights of Internally Displaced Persons, and the Rights of Indigenous Peoples, among others. The complainants assert that they are being forcibly displaced from their ancestral lands as a result of climate change, and that the U.S. government has failed to protect them despite knowing for decades that climate change threatens coastal communities. They further contend that the U.S. government's inaction has gone beyond basic negligence where the government has failed to engage, consult, acknowledge and promote the self-determination of the tribes as they develop adaptation strategies, including resettlement. The complaint also alleges that by failing to federally recognize the named Louisiana tribes, the U.S. government is further hamstringing efforts to mitigate and adapt to the effects of climate change.
The complaint asks the Special Rapporteurs to recommend that the U.S. government recognize the self-determination and inherent sovereignty of all the tribes; grant federal recognition to those that have not yet received it; and take certain steps to protect the tribes' land and cultural heritage, among other things. The complaint further asks the Special Rapporteurs to recommend that the Louisiana state government allocate funding to the named Louisiana tribes to respond to the humanitarian crisis caused by climate change; require the oil and gas industry to give advanced notice of their intent to conduct operations that may pose a risk to tribal cultural heritage, land, and waters; and hold oil and gas corporations responsible for damages caused to the Louisiana coast, among other things. The complaint also seeks a recommendation that the Alaska state government allocate funding to implement the tribal-led relocation process for Kivalina, and that all three governments develop relocation institutional frameworks.
The complainants' claims arise out of the Guiding Principles on Internal Displacement, the Pinheiro Principles on Housing and Property Restitution, and the Peninsula Principles on human rights that must be enforced when people are forcibly displaced because of climate change. The complaint also cites the right to self-determination of all peoples, the Charter of the UN, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Vienna Declaration and Programme of Action, and Article 3 of the Declaration on the Rights of Indigenous Peoples. 
In September 2020, ten UN Special Rapporteurs, on cultural rights, environment, food, housing, indigenous peoples, internally displaced persons, poverty, racism, water and sanitation, jointly communicated the case the U.S. government, detailing the allegations and sought clarification on the measures taken by the government, and included a reference annex on international human rights law. The Rapporteurs refer to the applicability of Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), including right to food, water and housing; Article 12 ICESCR on the right to health; Article 15 ICESCR on cultural rights, and related civil and political rights, including likely Article 27 ICCPR; and the UN Convention on Racial Discrimination (CERD), along with several non-binding human rights instruments, such as the UN Guiding Principles on Internal Displacement, the IASC Framework on Durable Solutions for Internally Displaced Persons, the United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement, and UN Declaration on the Rights of Indigenous Peoples (UNDRIP).  The rapporteurs note that whilst the USA is not bound to the ICESCR, it cannot against ‘the object and purpose’ of this instrument because it signed the treaty.
To date, the government of the USA did not respond to this particular communication.
On November 30, 2022, during the White House Tribal Nations Summit, the Biden administration announced a $115 million commitment to the Voluntary Community-Driven Relocation Program, administered by the Department of the Interior, “to assist Tribal communities severely impacted by climate-related environmental threats.” This commitment will be allocated among “11 severely impacted Tribes to advance relocation efforts and adaptation planning,” in the form of relocation ($75 million) and planning ($40 million) grants. The Bipartisan Infrastructure Law commits $130 for community relocation and $86 million for Tribal climate resilience and adaptation projects. It does not appear that any of the tribes that were party to the U.N. complaint received funding via the commitment announced in November. 

Rights of Indigenous People in Addressing Climate-Forced Displacement

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Using laws and the legal system more broadly to protect vulnerable entities

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Actions to adapt human health, healthcare systems and well-being to climate change.

Activities involving the management, development, and sale of property assets.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

This sector involves activities to move goods and people, alongside the storage of products.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Rights of Indigenous People in Addressing Climate-Forced Displacement - Other

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Economic sector

Adaptation/resilience

Finance