CEDAW takes into account GI-ESCR's and partners submission in its General recommendation No. 39
CEDAW’s General recommendation No.39 (2022) on the rights of Indigeneous women and Girls included our recommendation.
On 24 June 2021, GI-ESCR, jointly with El Observatorio Ciudadano and ProDESC, submitted a joint written contribution to the Committee on the Elimination of Discrimination against Women (CEDAW Committee), at the general discussion the Committee organised to launch the debate and receive input for a new general recommendation on the rights of indigenous women and girls, aiming to advance women's rights and achieve substantive gender equality. GI-ESCR and partners’ written contribution aimed to inform the discussion on the effective participation, consultation and consent of indigenous women and girls in the context of the energy transition.
The written submission aims to highlight the crucial importance of the effective participation, consultation, and consent of indigenous women and girls in climate change mitigation measures and strategies, and how failure to do so disproportionately affects their rights under the CEDAW Convention.
The General Comment took into account our submission in paragraph 77.
1. Under international human rights law, States should take individual and collective actions to address climate change, including measures to mitigate climate change-related foreseeable human rights harms; to effectively adapt by limiting negative human rights impacts; and to remedy loss and damage. States should take mitigation and adaptation measures, including through international cooperation, solidarity, and climate finance. The Committee underscores the importance of the Paris Climate Agreement (Adopted at COP21, December 12, 2015) in calling for climate action that respects, promotes and takes into consideration indigenous peoples’ rights and gender equality. Unfortunately, indigenous women and girls are often excluded from decision-making, negotiations, and discussions concerning climate action, mitigation, and adaptation measures[1] despite their expert knowledge on climate change. States should also take measures to ensure indigenous women and girls’ access to clean and renewable energy.
The Committee recommends that States parties:
(a) Ensure that laws and policies related to the environment, climate change, and disaster risk reduction reflect the specific impacts of climate change and other forms of environmental degradation and harm, including the triple planetary crisis;[2]
(b) Ensure that indigenous women and girls have equal opportunities to meaningfully and effectively participate in decision-making related to the environment, disaster-risk reduction, and climate change;[3]
(c) Prevent human-induced environmental degradation from negatively impacting the territories, lands, and natural resources of indigenous women;
(d) Ensure that effective remedies and accountability mechanisms are in place to hold the authors of environmental harm responsible, and ensure access to justice for indigenous women and girls in environmental matters;
(e) Take action to mitigate climate change and build the adaptive capacities of indigenous women and girls;
(f) Ensure the free, prior, and informed consent of indigenous women and girls in matters affecting their environment, lands, and natural resources. This includes their participation in environmental and social impact assessments; and
(g) Ensure the safety and support the work of indigenous women human rights defenders engaged in advocacy for environmental protection and climate justice.
[1] Contribution from Observatorio Ciudadano, the Global Initiative for Economic, Social, and Cultural Rights, and ProDESC (June 2021), pages 2-4, 15.
[2] CEDAW Committee, General Recommendation 37 on gender-related dimensions of disaster risk reduction in the context of climate change, para. 26.
[3] CEDAW Committee, General Recommendation 37 on gender-related dimensions of disaster risk reduction in the context of climate change, para. 36.