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<p>The United Nations Climate Change Regime (UNCCR) has adopted a voluntary climate change mitigation mechanism called REDD+ to reduce deforestation and promote forest conservation and sustainable management. Notably, the implementation of REDD+ should ‘respect and promote’ the rights of Indigenous and Tribal Peoples (ITPs), and to ensure this, States should adhere fully to REDD+ safeguards, including the principle of Free, Prior and Informed Consent (FPIC) before undertaking any REDD+ activities. India considers REDD+ projects part of its national climate change policy and is involved in a few REDD+ projects. The paper inquires whether India adheres fully to the principle of FPIC. It finds that while India acknowledges the importance of FPIC in REDD+ implementation, it does not have a specific law to implement the same. Therefore, the Forest Rights Act 2006 and the Panchayats (Extension to the Scheduled Areas) Act of 1996 need to be amended to the extent that they contextualise the REDD+ and make explicit provisions guaranteeing a right to FPIC to Scheduled Tribes and Traditional Forest Dwellers. The paper argues that, in the absence of a conceptual foundation based on human rights and justice concerns protecting ITPs’ rights under the UNCCR and the Indian laws, the human rights-based framework, as it is grounded in the international human rights law jurisprudence on ITPs and their rights to participation, consultations, and FPIC, should be adopted to conceptualise and implement the FPIC principle in the REDD+ context in India.</p>

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Implementing REDD+ safeguards and protecting the rights of tribal and forest communities in India: With special emphasis on the principle of free, prior, and informed consent

  • 期刊论文

  • 发表日期：

    2025年6月17日

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  • Abhishek Trivedi

摘要

The United Nations Climate Change Regime (UNCCR) has adopted a voluntary climate change mitigation mechanism called REDD+ to reduce deforestation and promote forest conservation and sustainable management. Notably, the implementation of REDD+ should ‘respect and promote’ the rights of Indigenous and Tribal Peoples (ITPs), and to ensure this, States should adhere fully to REDD+ safeguards, including the principle of Free, Prior and Informed Consent (FPIC) before undertaking any REDD+ activities. India considers REDD+ projects part of its national climate change policy and is involved in a few REDD+ projects. The paper inquires whether India adheres fully to the principle of FPIC. It finds that while India acknowledges the importance of FPIC in REDD+ implementation, it does not have a specific law to implement the same. Therefore, the Forest Rights Act 2006 and the Panchayats (Extension to the Scheduled Areas) Act of 1996 need to be amended to the extent that they contextualise the REDD+ and make explicit provisions guaranteeing a right to FPIC to Scheduled Tribes and Traditional Forest Dwellers. The paper argues that, in the absence of a conceptual foundation based on human rights and justice concerns protecting ITPs’ rights under the UNCCR and the Indian laws, the human rights-based framework, as it is grounded in the international human rights law jurisprudence on ITPs and their rights to participation, consultations, and FPIC, should be adopted to conceptualise and implement the FPIC principle in the REDD+ context in India.