UN Resolution on Legal Aid

Via namati.org

The United Nations Commission for Crime Prevention and Criminal Justice has unanimously adopted a resolution for the groundbreaking UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. The principles and guidelines are the first international instrument on legal aid.

According to analysis by Namati, some of the most significant components of the resolution are:

• Prompt access to legal aid at all stages of the criminal justice process and a right to be informed about a right to legal aid and other procedural safeguards before any questioning and deprivation of liberty; 
• The involvement of a diversity of legal aid providers including lawyers, CSOs, university legal clinicians and paralegals; and 
• The development of a nationwide legal aid system that is sufficiently staffed and resourced to ensure effective and quality legal aid services delivery. 

Read more of Namati’s analysis on the principles and guidelines here.

First UN Forum on Business and Human Rights

The first United Nations Forum on Business and Human Rights took place in Geneva from 3-5 December 2012, hosting around one thousand participants from around the world to discuss how governments and businesses are addressing the impacts of business activities on human rights. The Forum was prepared under the guidance of the Working Group on Human Rights and Transnational Corporations and Other Business Enterprises and was mandated to discuss trends and challenges in the implementation of the Guiding Principles on Business and Human Rights, and to promote dialogue and cooperation between actors, including identification of good practices. The Chairperson for the first Forum was Professor John Ruggie, former Special Representative of the Secretary-General for Business and Human Rights. 

The programme included break out sessions under the banner of “Taking Stock – 1 1/2 years after the endorsement of the Guiding Principles”, reviewing experiences under each of the three Guiding Principles’ pillars. The second day was spent considering the challenges in the implementation of the state duty to protect and business responsibility to respect human rights, as well as the role of civil society and the UN system, and the challenges for business affecting Indigenous peoples and ways forward. Side events were held from 3 December and included “Challenges and Opportunities for the Extractives Industry in integrating human rights into operations”, “The role of the legal profession in promoting implementation of the Guiding Principles”, “Indigenous Peoples and Extractive Industries” and “Impact and remedy of mining on Latin American Indigenous Women”. 

The Forum was attended by participants from 85 countries, including state delegations, business enterprises such as the mining, oil and energy industries and international financial institutions, as well as civil society organisations. A full list of participants can be found here. The full programme for the Forum can be found here. For more information, please see the Forum on Business and Human Rights website here. Natural Justice's recent submission to the Working Group on Human Rights and Transnational Corporations and Other Business Enterprises can be found here. 

UNEP launches new initiative to support climate change adaptation in Africa

UNEP News Centre: From managing coastal erosion, to tackling pressures on food supply, a new initiative launched today by the United Nations Environment Programme (UNEP) will aim to support communities across Africa in adapting to the impacts of climate change.

The Africa Adaptation Knowledge Network will serve as a hub for knowledge, research, successful initiatives, and collaborative partnerships on climate change adaptation.

It builds on ongoing efforts around the continent to mobilize existing knowledge and provide robust solutions to the major impact of climate change on lives and livelihoods in Africa.

Disasters such as severe droughts in the Sahel in 2012 and the Horn of Africa in 2011 have brought into sharp focus the serious impacts on water, land, soil, and other resources linked to climate change on the continent, and the need to build resilience to such pressures.

Warming in Africa is projected to continue to increase by 3-4oC over the next century. This poses a serious challenge to sustainable development, particularly as the economies of most African countries depend on climate-sensitive sectors such as water, agriculture, fisheries, energy and tourism.

Yet the region lacks the capacity and resources needed to face the challenges of climate change - a problem that could have major economic consequences...

Goats in the beach in Banjul, Gambia, shot by Niels Elgaard Larsen, Wikimedia Commons, under the Creative Commons Attribution-Share Alike 3.0 Unported license

Dealing with loss and damage

IRIN: In a formal letter to Qatar - host of the 18th conference of the parties to the UN Framework Convention on Climate Change (UNFCCC) - a coalition of 40 NGOs, backed by academics, has called for urgent action on loss and damage caused by climate change. The NGOs have drawn up a framework to help country negotiators address the contentious issue.

The proposed framework opens the door for developing countries to possibly receive compensation for losses and damages that are incurred when efforts to mitigate and adapt to climate change have failed. 

Policy frameworks provided by NGOs have proven handy in past climate change talks. In 2010, a framework put together by a similar coalition of NGOs paved the way for the adoption of the Cancun Adaptation Framework; this was a significant breakthrough for developing countries and NGOs trying to draw attention to the need to adapt to climate change.

Two key objectives of the framework are: the prevention of loss and damage through mitigation and adaptation efforts, and compensation and rehabilitation following the occurrence of loss and damage. These objectives receive equal footing in the document.

“We don’t want the UNFCCC process to give up on mitigation and adaptation, hence our equal emphasis. We have to keep the cost of loss and damage down,” explained Harjeet Singh of ActionAid, one of the contributors to a briefing paper on the framework....

Thawing of permafrost expected to cause significant additional global warming, not yet accounted for in climate predictions

UN Environment Programme News Centre:  Permafrost covering almost a quarter of the northern hemisphere contains 1,700 gigatonnes of carbon, twice that currently in the atmosphere, and could significantly amplify global warming should thawing accelerate as expected, according to a new report released today by the UN Environment Programme (UNEP). Warming permafrost can also radically change ecosystems and cause costly infrastructural damage due to increasingly unstable ground, the report says.

"Policy Implications of Warming Permafrost" seeks to highlight the potential hazards of carbon dioxide and methane emissions from warming permafrost, which have not thus far been included in climate-prediction modelling. The science on the potential impacts of warming permafrost has only begun to enter the mainstream in the last few years, and as a truly "emerging issue" could not have been included in climate change modelling to date. The report recommends a special IPCC assessment on permafrost and the creation of national monitoring networks and adaptation plans as key steps to deal with potential impacts of this significant source of emissions, which may become a major factor in global warming.

"Permafrost is one of the keys to the planet's future because it contains large stores of frozen organic matter that, if thawed and released into the atmosphere, would amplify current global warming and propel us to a warmer world," said UN Under-Secretary General and UNEP Executive Director Achim Steiner.

"Its potential impact on the climate, ecosystems and infrastructure has been neglected for too long," he added. "This report seeks to communicate to climate-treaty negotiators, policy makers and the general public the implications of continuing to ignore the challenges of warming permafrost."

...Should the active layer increase in thickness due to warming, huge quantities of organic matter stored in the frozen soil would begin to thaw and decay, releasing large amounts of CO₂  and methane into the atmosphere....

A scientist standing in front of an ice-rich permafrost exposure on the coast of Herschel Island, Yukon Territory (photo: Michael Fritz, from the UNEP website).

Two Opportunities for EMRIP Submissions

Via www.ohchr.org

Two significant opportunities are available to contribute to the Expert Mechanism on the Rights of Indigenous Peoples' (EMRIP) work to develop and monitor the implementation of law and policy around Indigenous people’s rights. The first is a survey for Indigenous peoples on strategies for implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The survey can be completed online here and should be submitted by 18 February, 2013. 

The second is an opening for contributions by Indigenous peoples, academia, national human rights institutions, civil society and other interested groups and persons  on EMRIP's study on access to justice in the promotion and protection of Indigenous peoples’ rights. There is no prescribed form for submissions, and contributions should submitted via email to expertmechanism@ohchr.org by 11 Febrary, 2013.

UNGA Report on Status of Indigenous Children's Rights

Via www.unicef.org

The UN Secretary-General has submitted a report on the implementation of the Convention on the Rights of the Child, which was adopted in 1989 and has been ratified or acceded to by 193 states, to the  UN General Assembly. The report focuses on the rights of indigenous children, and finds that indigenous children suffer extreme forms of exclusion and discrimination, stating that "children of indigenous background often suffer within schools and communities from various forms of abuse rooted in discrimination and discriminatory attitudes."

It also finds, encouragingly, that "the creation and strengthening of indigenous peoples’ organizations, and the establishment of United Nations bodies and structures such as the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Rights of Indigenous Peoples; and the various special procedures of the Human Rights Council and the African Commission on Human and Peoples’ Rights, as well as progressive developments in the jurisprudence of the Inter-American system of human rights, are offering unique opportunities to bring issues affecting indigenous children to the forefront of national, regional and global agendas."

The report concludes with recommendations for the way forward, including adopting measures to prevent and eliminate all forms of discrimination against indigenous children; facilitating the active participation of indigenous peoples in all stages of development planning affecting them; undertaking special measures towards the realization of the right to education of indigenous children, particularly girls; and taking special measures to promote the highest attainable standard of health and health-care services for indigenous children.

The report can be found here. 

UN Resolution: World Conference on Indigenous Peoples in September 2014

Photo via social.un.org

The United Nations General Assembly has adopted a draft resolution to hold a high-level plenary meeting on 22-23 September, 2014 in New York to be known as the World Conference on Indigenous Peoples. The main objectives of the Conference will be to “share perspectives and best practices on the realization of the rights of indigenous peoples and to pursue the objectives of the United Nations Declaration on the Rights of Indigenous Peoples.” The resolution also states that the Conference “shall result in a concise action oriented outcome document…on the basis of consultations with Member States, as well as indigenous peoples, and by taking into account the views emerging from the preparatory process.” 

“The World Conference on Indigenous Peoples presents a unique opportunity to ensure greater and more inclusive participation of indigenous peoples in decisions which affect them. Indigenous peoples need to be involved, heard and their issues addressed for real and transformative changes to happen. As well, the World Conference is an opportunity to bring to light the historical and current challenges facing indigenous peoples,” said Grand Chief Ed John, Chair of the UN Permanent Forum on Indigenous Issues. 

Read the full text of resolution A/66/L.61 here. Read a write up on the resolution by The First Perspective here.