In 2014, at COP 12, voluntary guidelines on safeguards in biodiversity financing mechanisms[i] were adopted. They address potential impacts both on different elements of biodiversity and on the rights and livelihoods of IPLCs.
In 2018, at COP14, a checklist of safeguards was adopted based on the following overall question:
“Does the financing mechanism have a safeguard system designed to effectively avoid or mitigate its unintended impacts on the rights and livelihoods of indigenous peoples and local communities in accordance with national legislation, and to maximize its opportunities to support them?”[ii]
A policy paper on implementation pathways for the guidelines was published by the CBD Secretariat in 2018[iii] and contributed to discussions on a specific post-2020 safeguards framework for IPLCs, as part of the programme of work on Article 8(j). In its recommendations it reiterates the critical nature of tenure rights in safeguarding both biodiversity and human rights, and advises the development of appropriate safeguards concerning this substantive right and also of associated procedural safeguards.[iv]
[i] See Convention on Biological Diversity (2014) Decision XII/3 Resource mobilization, Voluntary guidelines on safeguards in biodiversity financing mechanisms, UNEP/CBD/COP/DEC/XII/3 Annex III (17 October 2014). Available at: https://www.cbd.int/doc/decisions/cop-12/cop-12-dec-03-en.pdf
[ii] Convention on Biological Diversity (2018) Decision 14/15, Safeguards in biodiversity financing mechanisms, UNEP/CBD/COP/DEC/14/15. (30 November 2018).
[iii] Convention on Biological Diversity (2018) Key messages from the workshop on “Biodiversity and climate change: Integrated science for coherent policy”, CBD/COP/14/INF/22 (18 October 2018).
[iv] See page 82 of Convention on Biological Diversity (2018) Key messages from the workshop on “Biodiversity and climate change: Integrated science for coherent policy”, CBD/COP/14/INF/22 (18 October 2018).