The transformative power of the preambular 11 of the Paris Agreement

By Carmen Arias, GMAP 2021

Five years ago, a group of countries promoted the inclusion of human rights and gender equality in the operational part of the Paris agreement. Although from the academic field the link between human rights and climate change was undeniable but during the negotiations I observed that it was not possible to reach consensus on this. This was indeed a missed opportunity to ensure a rights-approach in climate action.

However, six years later, it is interesting to highlight the transformative power that preambular paragraph 11 of the Paris Agreement has had in terms of climate justice, which includes important references such as the rights approach, gender equality and the intergenerational perspective that must be taken in consideration in climate action. I will mention the following aspects:

a) Inclusion in market decisions. In the decision adopted on Guidance on cooperative approaches referred to in Article 6, paragraph 2, of the Paris Agreement[1], the paragraph 11 is mentioned as a criterion to achieve environmental integrity as well as to be considered in the transparency reports that must be submitted. Likewise, in the decision regarding the Rules, modalities and procedures for the mechanism established by Article 6, paragraph 4 of the Paris Agreement,[2] the paragraph 11 is recognized as an aspect to be consider in the governance and functions of the Subsidiary Body and the Gender Action Plan should be included into the work of the Supervisory Body; body which should ensure a gender-balanced representation. The inclusion of human rights and gender equality considerations are a positive sign to achieve a transparent, participatory, and inclusive implementation of the market provisions under Paris Agreement.

“The inclusion of human rights and gender equality considerations are a positive sign to achieve a transparent, participatory, and inclusive implementation of the market provisions under Paris Agreement.”

b) Recognition of children and youth as actors in climate action. Similarly, preambular paragraph 11 has been important to promote greater participation of children and youth in climate action. In this sense, during COP26 the Glasgow Pact recognizes the importance of ensuring meaningful youth participation and representation in multilateral, national and local decision-making processes.[3]  On November 11, UNICEF organized an event titled “The climate crisis: a child rights crisis” where vulnerability of children was highlighted i.e. almost every child on earth is exposed to at least 1 of these major climate and environmental hazards, shocks and stresses[4]. At the same time their aspiration to participate meaningfully in climate discussions was also stressed upon. During the event, UNICEF also recognized the leadership of almost 30 countries that have signed the Declaration on children, youth, and climate action, that among other provisions seeks to advocate for a global recognition and fulfillment of children’s inalienable right to a healthy environment.

c) Adoption of the 10-year Glasgow work programme on Action for Climate Empowerment (ACE). ACE denotes to implement article 6 of the Convention and article 12 of the Paris Agreement which empowers all members of society as actors of climate actions by emphasizing on education, training, public awareness, public participation, and access to information. In this regard, the work programme[5] adopted has established guiding principles for gender equality and intergenerational approaches. The Glasgow Pact urges to implement this programme while respecting, promoting and considering respective obligations on human rights, as well as gender equality and empowerment of women.

“Preambular paragraph 11 is contributing to ensuring attainment of important objectives in terms of climate justice i.e. representation, participation, and inclusion”

d) Local communities and indigenous people’s platform (LCIPP). Preambular paragraph 11 of the Paris Agreement was also instrumental in promoting an active participation of the indigenous people in climate change negotiations. In 2018, the COP24 in Katowice established the LCIPP. It also created a Facilitative Working Group of 14 members (7 from Parties and 7 representatives from indigenous people’s organizations) to operationalize the LCIPP in the compliance of its functions related to knowledge, capacity for engagement, and climate change policies and actions. During this COP the decision adopted on the LCIPP invited Parties and stakeholders to enhance engagement of indigenous peoples and representatives of local communities in diverse and innovative ways in addressing and responding to climate change[6]. It also welcomed the second three-year workplan of the Local Communities and Indigenous Peoples Platform for 2022–2024. Currently, the work of the Platform and the Facilitative Working Group is oriented to foster the participation of indigenous peoples and local communities in the climate negotiations and policies.

From my perspective, preambular paragraph 11 is contributing to ensuring attainment of important objectives in terms of climate justice i.e. representation, participation, and inclusion. It has been key in promoting spaces of dialogue and discussion during climate negotiations such that different voices and perspectives can be heard and taken in consideration to achieve an ambitious and just climate transformation. 

 
Carmen is a Deputy Director for Global Environmental Issues, Ministry of Foreign Affairs of Peru.

[1] https://unfccc.int/sites/default/files/resource/cma3_auv_12a_PA_6.2.pdf

[2] https://unfccc.int/sites/default/files/resource/cma3_auv_12b_PA_6.4.pdf

[3] https://unfccc.int/sites/default/files/resource/cop26_auv_2f_cover_decision.pdf

[4] https://www.unicef.org/media/105376/file/UNICEF-climate-crisis-child-rights-crisis.pdf

[5] https://unfccc.int/sites/default/files/resource/cma3_auv_3b_Glasgow_WP.pdf

[6] https://unfccc.int/sites/default/files/resource/cop26_auv_3a_LCIPP_0.pdf