RIGHTS, CARBON, CAUTION

The report argues that emissions trading mechanisms under Article 6 of the Paris Agreement risk undermining global mitigation ambition and causing human rights violations. It proposes three essential policy pillars—robust public participation, social and environmental safeguards, and independent grievance mechanisms—as prerequisites for any such framework. The document highlights failures in previous systems like the Clean Development Mechanism (CDM) and provides examples of 'good policies' from development finance institutions to guide the UNFCCC in creating a rights-compliant rulebook.

• The report argues that market mechanisms should be a last resort, and States parties should be required to demonstrate efforts to meet their Nationally Determined Contributions (NDCs) through domestic mitigation before purchasing credits.
• Three core policy pillars are identified as prerequisites for protecting human rights within Article 6 mechanisms: robust public participation, social and environmental safeguards, and independent grievance redress.
• Meaningful public participation must occur throughout the entire project lifecycle, from design to monitoring, and must include the right of Indigenous Peoples to give or withhold Free, Prior, and Informed Consent (FPIC).
• The report recommends that the Sustainable Development Mechanism (SDM) establish an 'exclusion list' of projects categorically barred from registration, specifically including coal mining, coal-fired power plants, upstream and downstream oil and gas projects, large-scale hydroelectric projects, and geoengineering technologies.
• Effective grievance mechanisms must be independent of the project's local management and the UNFCCC's Supervisory Body, reporting instead to a higher level within the UNFCCC framework to ensure legitimacy.
• Past carbon trading projects, such as those under the Clean Development Mechanism (CDM), have been linked to severe human rights violations, including forced evictions and violence.
• Buyer countries have an international legal obligation to ensure that the emissions reductions they purchase abroad do not result from activities that violate human rights, as they cannot 'outsource' harmful conduct.
• The report asserts that human rights protections are not only a legal necessity but are critical for environmental integrity, as projects with community decision-making roles are more likely to meet development and environmental goals.

APA

Eisen, N. (2021). RIGHTS, CARBON, CAUTION. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2021/02/Rights-Carbon-Caution.pdf

Chicago

Eisen, Nathaniel. RIGHTS, CARBON, CAUTION. Center for International Environmental Law, 2021. https://www.ciel.org/wp-content/uploads/2021/02/Rights-Carbon-Caution.pdf.

Wikipedia

{{cite report |last1=Eisen |first1=Nathaniel |title=RIGHTS, CARBON, CAUTION |publisher=Center for International Environmental Law |date=2021 |url=https://www.ciel.org/wp-content/uploads/2021/02/Rights-Carbon-Caution.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{eisen2021rights, author = {Eisen, Nathaniel}, title = {{RIGHTS, CARBON, CAUTION}}, institution = {Center for International Environmental Law}, year = {2021}, url = {https://www.ciel.org/wp-content/uploads/2021/02/Rights-Carbon-Caution.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }