II.

Does acknowledgment under the Paris agreement of the rights of the indigenous people

require participatory climate change adaption that takes into account the traditional knowledge

of the indigenous people?

A. Yes. Acknowledgment under the Paris agreement of the rights of the indigenous people

requires participatory climate change adaption that takes into account the traditional knowledge

of the indigenous people.

1. Paris Agreement

a. In its preamble the Agreement states that, when taking action to address climate

change, States Parties should respect, promote and consider their respective obligations

regarding human rights, the right to health, the rights of indigenous peoples, local communities,

migrants, children, persons with disabilities and people in vulnerable situations, the right to

development, and gender equality.1

b. Additionally, still under the preamble of the same agreement it is recognized that “the

need to strengthen knowledge, technologies, practices and efforts of local communities and

indigenous peoples related to addressing and responding to climate change, and establishes a

platform for the exchange of experiences and sharing of best practices on mitigation and

adaptation in a holistic and integrated manner.2

c. Also set forth in the agreement’s Article 7, paragraph 5 is to wit: “Parties acknowledge

that adaptation action should follow a country-driven, gender responsive, participatory and fully

transparent approach, taking into consideration vulnerable groups, communities and

ecosystems, and should be based on and guided by the best available science and, as

appropriate, traditional knowledge, knowledge of indigenous peoples and local knowledge

1 Acknowledgment under the Preamble of the Paris Agreement

2 Recognition under the Preamble of the Paris agreement
systems, with a view to integrating adaptation into relevant socioeconomic and environmental

policies and actions, where appropriate.”

2. Convention on Biological Diversity

a. With respect to the acknowledgement provided by the Paris agreement, Convention

on Biological Diversity also states that to preserve and maintain knowledge, innovations and

practices of indigenous communities that represent traditional lifestyles are important for the

conservation and sustainable use of biological diversity and promote their wider application of

such traditional knowledge, innovations and practices to encourage equitable sharing of the

benefits arising from the utilization of such knowledge, innovations and practices are subject to

national legislation.3

b. The convention further emphasizes that in the exchange of information, it shall include

the exchange of indigenous and traditional knowledge4

3. Rio Declaration on Environment and Development (June 1992)

a. Principle 22 of this Declaration provides that indigenous people and their communities

and other local communities play an important role in environmental management and

development because of their knowledge and traditional practices. Thus, every State should

recognize and support the indigenous people’s identity, culture and interests and enable their

effective participation to achieve sustainable development.5

4. Earth Summit Agenda 21

a. Chapter 26 mandates that “Governments, in full partnership with indigenous people

and their communities should, where appropriate:

3 Convention on Biological Diversity Article 8. In-situ Conservation, paragraph( j)

4 4Convention on Biological Diversity Article 17. Exchange of information
5 Rio Declaration on Environment and Development, Principle 22. June 1992
 a.1 Develop or strengthen national arrangements to consult with indigenous

people and their communities with a view to reflecting their needs and incorporating their

values and traditional and other knowledge and practices in national policies and

programmes in the field of natural resource management and conservation and other

development programmes affecting them;

a.2. Cooperate at the regional level, where appropriate, to address common

indigenous issues with a view to recognizing and strengthening their participation in

sustainable development.6

6Agenda 21 Chapter 26. Recognizing And Strengthening The Role Of Indigenous People And Their
Communities. (paragraph 26.5)
https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf