Tag: human rights

Poetry Corner

Excuse me Australia,

I know it’s a closed session, but I would like to ask a question...on rights

Something like...

Who’s got the right to light-up a furnace

And just watch it burn through the blackest, darkest

Light of a blind man’s midnight – and while its fire still flickers,

Whittle their will

down to a fine-toothed comb

That splits my skin

and crinkles my curls

as I work it through my head.

 

‘Cos I learned, only yesterday

That the Australian delegation

Want to relegate human rights appeals

From their current place in the

Nose-bleed seats of the CDM stadium;

to an empty beat

in what once was bracketed text

that gave businUSs and us

a one sentenced, equal bet, at the right to appeal.

 

But maybe I should have guessed

That when you’re sitting at a desk,

It’s not so easy to remember

what it feels like to set your filing cabinet on fire,

and find yourself without your suit and tie,

but as a real-life person that hurts sometimes,

and would really appreciate one night

to appeal their day-to-day, CDM-struggle

through life.

 

– Chris Wright

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Oh Aarhus Wherefore Art Thou?

Apparently, Parties didn’t get the message from ECO’s “CDM ‘Appeal’ for Justice” on Saturday. In an SBI informal, where Parties discussed the CDM appeals procedure, ECO is reliably informed that China pressed to shut stakeholders out of the discussions. ECO is now calling on Parties to stand strong and support our call for justice: project-affected peoples, communities and their civil society representatives must have the right to appeal CDM Executive Board decisions. Will someone please throw us a lifeline?

The European Union has indicated that it will consider saving this drowning child by “exploring” the expansion of the right of appeal to “those who have a right to be consulted during the local stakeholder consultation process.” This statement alarms ECO. This discussion is not about harmonizing rules for the bendiness of bananas but about public participation in decision-making and access to justice in environmental matters. This implicates its obligations under the Aarhus Convention, which is legally binding on 44 Parties to the UNFCCC, including the European Union.  The Convention links environmental with human rights and gives Parties obligations regarding access to information, public participation and access to justice. If the European Union is serious about its pledge for government accountability and environmental protection, it will need to reconsider whether “exploring” is enough to save this drowning child called justice

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CDM "Appeal" for justice

Over the past few days, many Parties have acknowledged the need for greater public participation in the UNFCCC process – now it is time to translate words into actions. Parties are currently negotiating who should have the right to appeal against decisions of the Clean Development Mechanism (CDM) Executive Board.

ECO was quite content with the CMP5 mandate to establish procedures for considering appeals from “stakeholders directly involved” in the design, approval or implementation of CDM activities or proposed CDM activities. Why? Because obviously, such an appeals procedure would be available to indigenous peoples and local communities that are adversely affected (displacement, loss of livelihood) and civil society groups that monitor CDM projects. Duh! Of course, the thought of adversely affected communities having the right to appeal a project scared the heck out of project developers. They put their lobbying machine into high gear to push for the exclusion of civil society by limiting the appeals procedure to project developers with rejected projects!

Since its inception the CDM has come under intense criticism for violating the rights of indigenous peoples and local communities affected by CDM projects. Now the CDM has an opportunity to be more accountable, by developing an appeals procedure that gives civil society (and most importantly, directly affected peoples and communities) a voice. ECO is dismayed by the fact that this is even being questioned.

At a moment when Parties are considering denying project-affected peoples and communities the right to appeal flawed CDM projects, ECO believes that it is time for a quick reality check. For example, indigenous peoples and local communities (clearly the stakeholders with the most to lose) often complain that they are not properly consulted as part of the local stakeholder consultation, a legal requirement in the CDM validation process. And they have absolutely no recourse. Excluding these directly affected stakeholders from the appeals procedure would deny them their human rights to public participation and access to justice. But what ́s worse, it would create further opportunities for gaming, fraud, and corruption by project participants, and disincentives to promote compliance with the CDM procedures.

To help ensure that social and environmental impacts of CDM projects are effectively addressed, ECO insists that it is essential to include indigenous peoples, local communities, and civil society groups in the definition of “stakeholders directly involved” in CDM activities. This is not an invitation to a flood of appeals against every single CDM project. This is a call for a legitimate process that provides a means of recourse in cases where rules related to environmental integrity and public participation were breached, or DOEs or project participants have violated the CDM rules. My dear delegates, this is a call for justice.

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