SUBMISSION BY THE PLURINATIONAL STATE OF BOLIVIA

TO THE AD-HOC WORKING GROUP ON

LONG-TERM COOPERATIVE ACTION

This submission is based on the outcome of the World People's Conference on Climate Change and the
Rights of Mother Earth held in Cochabamba, Bolivia, on 19-22 of April 2010 with the participation of
more than 35,000 delegates from social movements and organizations from 140 countries.

This submission incorporates and develops the main content of the “Peoples Agreement” and the draft
proposal for a “Universal Declaration of Mother Earth’s Rights” that where adopted at that Conference
and that are relevant for the work of the AWG-LCA, and presents them following a similar structure to
the document FCCC/AWGLCA/2009/17 to facilitate the inclusion of such proposals in the draft
negotiating text to be submitted by the chair of the AWG-LCA.

The Peoples Agreement and the draft proposal for a Universal Declaration of Mother Earth’s Rights are
attached to the present submission and constitute part of it.

DRAFT NEGOTIATING TEXT

Outcome of the work of the Ad Hoc Working Group on Long-term

Cooperative Action under the Convention

Preamble

Mandate

The Conference of Parties,

Guided by the ultimate objective (Article 2), Principles (Article 3) and

Commitments of the Parties under the Convention;

Further enhancing and enabling the full, effective and sustained

implementation of the Convention through long-term cooperative actions in
order to achieve its ultimate objective;

Reaffirming that the United Nations Framework Convention on Climate

Change (UNFCCC) constitutes the fundamental legal framework on climate
change;

Further reaffirming that all climate change related actions or measures shall
be in full conformity with the principles and provisions of the Convention in
particular the principles of common but differentiated responsibilities and
respective capabilities of the Parties, equity and historical responsibility;

Pursuant to the Bali Action Plan (Decision 1/CP.13);

Current state of the climate

Recalling that the Intergovernmental Panel on Climate Change has

recognized that global atmospheric concentrations of greenhouse gases have
increased markedly as a result of human activities since 1750 and now far
exceed pre-industrial values;

Understanding that today, our Mother Earth has been seriously damaged and
the future of humanity is in danger. Current levels of warming are damaging
forest, mountain and other ecosystems, melting snow and glaciers, thinning
ice sheets, causing the oceans to rise and acidify, threatening coral reefs and
intensifying droughts and floods, fires and extreme weather events and that
these adverse effects threaten to worsen as the warming already committed
in the Earth’s systems takes effect;

Recognizing the need to establish an adequate limit to global warming and

that with an increase in global warming of 2 º C, there is a 50% chance that
the damage caused to our Mother Earth would be totally irreversible. Between
20% and 30% of all species would be in danger of disappearing. Large tracts
of forests would be affected, droughts and floods will increasingly affect
different regions of the planet, deserts will extend and exacerbate the melting
icecaps and glaciers in the Andes and the Himalayas. Many island states will
disappear and Africa would suffer a temperature increase of more than 3 º C.
Likewise, reduced food production in the world will have catastrophic effects
for the survival of the inhabitants of vast regions of the planet, and
dramatically increase the number of hungry in the world, which already
exceeds one billion people;

Structural Roots of Anthropogenic Climate Change

Determined to deal with the root causes of climate change, including the
elimination of unsustainable patterns of consumption and production in the
developed country Parties and the dominant global capitalist system that
gives rise to these;

Understanding that a system of unfettered and unregulated markets has

resulted in prioritizing the extreme competition for profits and growth, and that
this has separated humanity from nature, establishing a logic of domination
over it, turning everything into a commodity: water, earth, the human genome,
the ancestral cultures, biodiversity, justice, ethics, rights of peoples, and life
itself;

Understanding that a new system must be built to restore harmony with

nature and among humans and that there can only be balance with nature if
there is equity among human beings;

Recognizing, that Mother Earth is a living system, with which we have an

indivisible, interdependent and complementary relationship;

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Advocating a development model that is not destructive or based on unlimited
growth, and recognizing that countries need to produce goods and services to
meet the basic needs of its population, but by no means can continue on the
current path of development in which richer countries have a carbon footprint
five times larger than the planet can bear;

Reflecting that humanity is facing a great dilemma: to continue on the path of

the capitalist system which will lead to extreme global warming and the death
of the planet, or the path of harmony with nature and respect for life;

Historical Responsibility and Climate Debt

Noting that current atmospheric concentrations and that current and

committed warming are principally the result of historical emissions of
greenhouse gases, the largest share of which has originated in developed
country Parties;

Affirming that by over-consuming the available capacity of the Earth’s

atmosphere and climate system to absorb greenhouse gases the developed
countries have run up a climate debt to developing countries and mother
Earth;

Affirming that the historical emissions of developed countries are

disproportionately responsible for climate change and its adverse effects to
developing countries and that developed countries are thus responsible for
compensating developing countries as part of a climate debt owed by
developed countries to developing countries;

Emphasizing that further delay by developed country Parties in implementing

their commitments to reduce emissions will increase their climate debt to the
developing country Parties and significantly constrain opportunities to achieve
lower stabilization levels of greenhouse gases and increase the risk of more
severe climate change impacts;

Impacts on Developing Countries

Recognizing that the past, current and proposed future emissions by and for
developed countries are limiting and will further limit access to and use by
developing countries of an equitable share of the atmospheric space required
for their development;

Acknowledging that climate change has caused and is causing increasing

adverse impacts to poor and vulnerable communities including to indigenous
peoples, local communities and other vulnerable groups and that human
rights, including the inherent rights of indigenous peoples as affirmed in the
UN Declaration on the Rights of Indigenous Peoples and other instruments,
must be respected in all efforts to mitigate and adapt to climate change;

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Noting further that the adverse effects of climate change will be felt most
acutely by those countries and communities who have contributed least to
climate change but who are already in vulnerable situations;

Recognizing that the countries most vulnerable to the adverse effects of

climate change are developing countries and that climate impacts are already
imposing substantial and rising costs, damages and setbacks to development
thereby undermining the rights and aspirations of developing countries to
development;

Recognizing that an equitable sharing of atmospheric space is a inalienable

fundamental right of all nations and peoples, and that economic and social
development and achievement of development goals including the Millennium
Development Goals are the first and overriding priorities of developing country
Parties, taking into account the environmental and economic vulnerability of
developing country Parties;

Recognizing also the just, fair and equitable right of developing country
Parties to achieve development in harmony with nature making use of the
atmospheric space and resources taking into account the accumulative
historical use of such resources by developed country Parties;

Recognizing that in order to ensure harmony between humanity and nature,

and that to achieve the realization of human rights and human dignity it is
necessary to recognize and defend the rights of Mother Earth;

Urging all Parties to cooperate for enhancing and promoting a supportive and
just international economic system and architecture, including the global
international trade system that would lead to sustainable development in
particular in developing country Parties including, to better address the
problems of environmental degradation. With the objective to stabilize
greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system;

Reaffirming the need to reform the international and economic systems to

ensure fair and equal voice and participation of developing country Parties,
especially those related to Climate change;

Adaptation

Recognizing that adaptation to climate change has a human rights dimension

because the effects of climate change if not addressed will make impossible
the realization of the economic and social rights including the right to life, to
food, to housing and to health;

Recognizing that adaptation to climate change and its economic

consequences is urgent and essential to the survival and existence of
developing country Parties

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Way Forward

Recognizing that human beings are part of an interdependent system with

which we must live together in harmony and balance while respecting the
rights of all;

Recognizing the need to achieve not merely equity and peace among
humanity but to restore equilibrium and harmony with nature.

Acknowledging that we have followed the laws of humanity while violating the
fundamental laws of nature giving rise to climate change and other forms of
ecological destruction;

Recognizing that to address climate change, we must recognize Mother Earth

as the source of life and forge a new system based on the principles of
harmony and balance between humanity and nature; solidarity and equity
between people and respect for Mother Earth Rights and Human Rights;

Welcoming for consideration the attached draft Universal Declaration of

Mother Earth;

Demanding the full and effective implementation of the right to consultation,

participation and prior, free and informed consent of Indigenous Peoples in all
negotiation processes and in the design and implementation of measures
relating to climate change;

Stressing that all multilateral policies and rules relating to climate change that
affect the rights and interests of developing countries and local communities,
including indigenous peoples, must be based on an open, inclusive,
transparent, and participatory negotiating process that reflects the United
Nations principles of sovereign equality and inclusive decision-making;

Determined to enhance and consolidate the progress achieved so far in the

work of the Ad Hoc Working Group on Long-term Cooperative Action under
the Convention, and affirming the need to undertake further negotiations on
unresolved issues in accordance with and in order to achieve the mandate of
the Bali Action Plan;

Decides as follows:

A. Shared vision for long-term cooperative action

1. All Parties shall enhance their contribution to long-term cooperative

action to combat climate change with a shared vision which is based on and in
fulfillment of the objective, principles and provisions of the Convention, in
particular to give effect to Article 2 of the UN Framework Convention on
Climate Change which determines the "stabilization of concentrations of
greenhouse gases in the atmosphere at a level that prevents dangerous
anthropogenic interference with the climate system” consistent with their

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common but differentiated responsibilities and respective capabilities, equity
and historical responsibility.

2. Developed countries shall take the lead and strive towards returning
greenhouse gas concentrations in the atmosphere to well below 300 ppm
CO2eq with a view to returning concentrations to levels as close as possible
to pre-industrial levels in the longer-term, and to limit the average global
temperatures to a maximum level of 1º C with a view to returning
temperatures to levels as close as possible to pre-industrial levels in the
longer-term, with deep and adequate economy wide emissions reductions in
the medium and long terms and taking effective measures to fulfill their
commitments relating to the provision of substantial financial resources,
capacity building and to provide technology development and transfer of
environmentally sound technologies and know how to developing country
Parties. These enabling means are critical and an important measure to
enhance the contribution and voluntary efforts of developing country Parties to
the efforts of stabilizing of greenhouse gas concentrations in the atmosphere.

3. Due to the need for urgent action to achieve this vision, and with the
support of the people, movements and countries, developed countries commit
to ambitious targets for reducing emissions that achieve short-term objectives,
while maintaining our vision for balance the Earth's climate system, according
to the ultimate objective of the Convention.

4. Developed countries, who are the main responsible of climate change,

in assuming their historical responsibility, hereby recognize and commit to
honor their climate debt in all its dimensions, as the basis for a just, effective
and scientific climate change solution, including through:

• Reserving for developing countries the atmospheric space which is

currently occupied by developed countries’ emissions of greenhouse
gases;
• Assuming the costs and technology transfer needs of developing
countries arising from the loss of development opportunities by having
to live under a restricted atmospheric space;
• Being accountable for the hundreds of millions of people that will have
to migrate as a result of climate change and to remove their restrictive
policies on migration, including by providing migrants with opportunities
to achieve a decent life and with all human rights;
• Assuming adaptation debt related to the impacts of climate change on
developing countries by providing the means to prevent, minimize and
deal with damages arising from their excessive emissions, as well as
the opportunity costs;
• Honoring those debts as part of a major debt to Mother Earth by taking
and implementing the Universal Declaration on the Rights of Mother
Earth at the United Nations.

5. The focus of developed countries’ actions and commitments in relation

to climate debt is therefore not only financial compensation but principally of

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restorative justice - that is restoring integrity to the people and the members
who form a community of life on Earth.

6. All Parties shall enhance their contribution to long-term cooperative

action to combat climate change with a shared vision which is based and in
fulfillment of the objective and principles of the Convention in particular
common but differentiated responsibilities and respective capabilities, equity
and historical responsibility.

7. The "shared vision" for the "Long-term Cooperative Action" is not

simply about defining the limit on temperature increases and the
concentration of greenhouse gases in the atmosphere, but must incorporate a
comprehensive and balanced set of financial measures, technology,
adaptation, capacity building, patterns of production, consumption and other
essentials such as the recognition of the rights of Mother Earth to restore
harmony with nature. This is comprised of a range of essential elements
including:

(i) Fulfillment of commitments by developed country Parties to enable

developing country parties to develop and implement adaptation
policies, plans, programs and projects through providing substantial,
new and additional public financial resources, environmentally sound
technologies and capacity building in a predictable and prompt manner;

(ii) Fulfillment of commitments by developed country Parties to

demonstrate they are taking the lead in modifying longer-term trends in
anthropogenic emissions consistent with the objective of the
Convention, including their efforts to modify their consumption and
production patterns taking into account their ecological footprint, in
accordance with the Convention;

(iii) Voluntary nationally appropriate mitigation actions (NAMAs) by

developing country Parties, in accordance with Article 4.1 of the
Convention, which are enabled and supported by financial resources,
technology development and transfer and capacity building, from
developed country parties to developing country parties, and in line
with the overriding priorities of developing country Parties for
development and poverty eradication (under Article 4.7 of the
Convention);

(iv) Fulfillment of commitments by developed country Parties to provide

adequate, new, substantial and sustained financial resources to
developing country Parties, that enable Developing Country Parties to
implement their adaptation and mitigation actions, including through
the provision of full costs for the implementation by developing
countries of commitments relating to the communication of information
related to implementation under Article 12.1 and the provision of
agreed full incremental costs of implementation of commitments
included in Article 4.1 of the Convention;

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(v) Technology development and transfer from developed country Parties
to developing country Parties, including, inter alia, the enhancement of
endogenous technologies and capacities and the identification and
removal of all barriers to access at the most affordable cost to
technologies and appropriate treatment of intellectual property rights
(IPRs) including exclusion of patents on climate related technologies to
developing country Parties; and

(vi) Fulfillment of commitments to provide capacity building in developing

country Parties including provision of financial resources to develop
institutions and programs to deal with climate change issues; and
capacity building in developed country Parties.

(vii) Changes to the international financial, economic and social system,

which drives excessive production and consumption, including the
excessive production of greenhouse gas pollution, and perpetuates
unfair and unbalanced relations between peoples and between
peoples and nature.

8. A shared vision integrates a set of global goals including a global goal

for emission reductions, with the objective to stabilize greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system in a time frame sufficient
to allow ecosystems to adapt naturally to climate change and ensure that food
production is not threatened and to enable economic development to proceed
in a sustainable manner. These goals include:

(a) The equitable allocation atmospheric space between developed

countries and developing countries during the period 1750 to 2050
based on the principles of equity and historical responsibility, and the
needs of developing countries in order to achieve their economic and
social development and poverty eradication

(b) Aggregate targets for developed country Parties that are not party
to the Kyoto Protocol for emissions reduction that are comparable to
those undertaken by Annex I parties to the Kyoto Protocol in the
second and subsequent commitment periods that reflect their historical
responsibilities and debts, meet the needs of developing country
Parties to an equitable share of atmospheric space and are adequate
to meet requirements according to the IPCC findings and the latest
science;

(c) Provision of financial resources by developed countries to

developing countries amounting to at least 6% of the value of GNP of
developed countries, for adaptation, technology transfer, capacity
building and mitigation as described in subparagraphs (d) to (g) of this
paragraph;

(d) Provisions by developed countries of means of implementation to

developing countries to facilitate adequate adaptation to climate

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 change, to meet the costs of its adverse effects and to repay
adaptation debts including through the provision of financial resources
by developed countries equivalent to at least 3% of their GNP;

(e) The transfer of environmentally sound technologies to developing

countries and enhancement of their endogenous capacities and
technologies including through the provision of financial resources by
developed countries equivalent to at least 1% of their GNP;

(f) Capacity building to enable the upgrading of developing countries

institutional capacities to address climate change and its adverse
effects including through the provision of financial resources by
developed countries equivalent to at least 1% of their GNP;

(g) Measures by developing countries to mitigate climate change,

including nationally appropriate mitigation actions supported and
enabled by developed countries including through the provision of
financial resources by developed countries equivalent to at least 1% of
their GNP;

(h) Identification and removal of all barriers to access to technologies

at the most affordable cost and appropriate treatment of intellectual
property rights including exclusion of patents on climate related
technologies to developing country Parties;

(i) Quantified changes to the unsustainable patterns of consumption

and production by developed countries, including through the
substantial reduction of their high per capita greenhouse gas
emissions.

9. Achieving an equitable allocation of global atmospheric space between

developed and developing countries is determined by:

(i) An agreed global emission budget between the period 1750 to 2050;

(ii) An agreed methodology for sharing the global emissions budget

among developed and developing countries; and

(iii) The allocation, based on this methodology, of total assigned

amounts to Annex I parties under the Kyoto Protocol and targets for a
comparable effort for Annex I parties that are not party to the Kyoto
Protocol.

10. Developed country Parties shall not resort to any form of unilateral
climate related trade measures including border adjustment measures and
tariffs against the goods and services of developing country Parties on
climate-related grounds as such measures violate the principles and
provisions of the Convention including those related to common and
differentiated responsibilities (Article 3.5 of the Convention), to trade and
climate change, and to the relation between mitigation actions of developing

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country Parties and provision of finance and technology by developed country
parties (Articles 4.3 and 4.7 of the Convention).

11. The inherent rights of indigenous peoples as affirmed in the UN

Declaration on the Rights of Indigenous Peoples and other instruments must
be respected in all efforts to mitigate and adapt to climate change.

12. The extent to which developing countries will effectively implement

their commitments under the Convention will depend on the effective
implementation by developed countries of their commitments under the
Convention related to financial resources and transfer of technology.

B. Enhanced action on mitigation and its associated means of

implementation

1. Mitigation commitments by developed country Parties

13. The Kyoto Protocol shall remain as a specific binding instrument for
reducing emissions of greenhouse gases in developed countries.

14. An amendment to the Kyoto Protocol for the second commitment

period 2013-2017 is adopted under which developed countries commit to
significant domestic reductions of at least 50% compared to 1990 excluding
carbon markets or other offset mechanisms that mask the failure of actual
reductions in emissions of greenhouse gases.

15. All Annex I Parties to the Convention shall, in accordance with their
commitments of Article 4.2 of the Convention, undertake ambitious national
economy-wide binding targets for quantified emission reduction commitments
of at least 50% of their domestic greenhouse gas emissions during the period
2013 to 2017 and by more than 100% before 2040, compared to their 1990
levels and adopt policies and actions accordingly to achieve these targets.

16. The principle of comparability of efforts among all developed country

Parties shall be applied (in accordance with paragraph 1(b)(1) of the Bali
Action Plan Decision 1/CP.13).

17. Developed countries shall take on total and domestic commitments to

reduce greenhouse gas emissions that reflect an equitable allocation of
atmospheric space and address the needs of developing countries.
Developed countries shall ensure that:

(a) Their greenhouse gas emissions do not exceed their total assigned
amounts, with a view to modify longer-term trends in global
greenhouse gas emissions consistent with the objectives of the
Convention and enabling developed countries to repay their emissions
debt to developing countries; and

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 (b) Their greenhouse gas emissions from domestic sources do not
exceed their assigned domestic amounts, with a view to ensuring that
their overall domestic emissions of greenhouse gases are reduced by
at least 50% by 2017 to enable developing countries to have access to
adequate atmospheric space to achieve economic and social
development and poverty eradication.

18. For any Annex I Party to the Convention that is also a Party to the
Kyoto Protocol, its emission reduction target for the second and subsequent
commitment periods under the Kyoto Protocol shall be considered as their
economy wide commitment. For the measurement, reporting and verification
of its emission reduction target, pertinent rules and procedures under the
Kyoto Protocol shall apply.

19. For any Annex I Party to the Convention that is not a Party to the Kyoto
Protocol, its economy wide emission reduction commitment shall be
comparable in magnitude, time scale and compliance to the economy wide
commitments referred to in paragraph 18 above. Such commitments shall be
reflected in a declaration by that Party and recognized through a decision of
the Conference of Parties. For the measurement, reporting and verification of
such commitments, the rules and procedures shall be elaborated by the
Conference of Parties at its 17th session, using as reference the procedures
referred to in paragraph 18 above.

20. The implementation by developed countries of their commitments to

modify longer term trends in greenhouse gas emissions, and to provide the
agreed full incremental costs of actions by developing countries to implement
their commitments under the Convention, shall together enable parties to
reverse the trend of increasing global greenhouse gas emissions, and to
ensure that global greenhouse gas emissions peak before 2015 at the latest
and decline thereafter.

21. Developed countries shall further ensure that they reduce their net
domestic greenhouse gas emissions by more than 100% by 2040 compared
to 1990 levels through the reduction of greenhouse gas emissions from
sources and enhancement of greenhouse gas removals by sinks.

22. Mitigation commitments of developed countries must be comparable in

scale, timing and legal effect. To ensure comparability of efforts, Annex I
Parties that are not Parties to the Kyoto Protocol are called on to undertake
quantified emission reduction commitments that, inter alia:

• Are for the period 2013 to 2017;

• Are quantified in terms of the base year of 1990;
• Are subject to comparable provisions for monitoring, reporting and
verification; and
• Are subject to comparable provisions for compliance and enforcement.

23. If, after measuring, reporting and verifying, the failure of a developed
country to fulfill its reduction commitments is identified then penalties should

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be applied. This may include increased future reduction commitments by an
amount calculated as a multiple of the shortfall in implementation. Financial
contributions may also be assessed as penalties or fines and paid into an
enhanced financial mechanism under the Conference of Parties.

24. The scale and timing of emission reductions by Annex I countries must
be sufficient to ensure that developed countries’ historical debt for their
excessive past consumption of environmental space, and their continuing
excessive per-capita emissions, is fully repaid to developing countries.

2. Nationally appropriate mitigation actions by developing country

Parties in the context of economic development

25. Non Annex I Parties to the Convention may, based on their specific
national circumstances and in the context of their national economic
development, take mitigation measures and actions under Article 4.1 of the
Convention including, where appropriate, strategies, policies, plans,
programs, projects and other activities.

26. Nationally appropriate mitigation actions (NAMAs) of Non Annex I

Parties are voluntary measures and/or programs to mitigate climate change
under Article 4.1 of the Convention that are enabled by finance, technology
and capacity building in accordance with Articles 4.3 and 4.5, and based on
their specific national priorities and circumstances and in the context of
sustainable development. A system shall be established under the financial
mechanism to ensure that the developing countries' mitigation actions are
enabled and supported by finance, technology and capacity building.

27. Emission reductions resulting from NAMAs shall not be used to offset
quantified emission reduction targets undertaken by Annex I Parties to the
Convention.

28. Non Annex I NAMAs supported and enabled by developed country

Parties in terms of technology, finance, and capacity building, may be subject
to MRV in accordance with relevant rules and procedures established by the
Conference of Parties.

29. Measurement, reporting and verification of the transfer of financial

resources of at least 1% of the GNP of developed country Parties (for
mitigation actions by developing countries), technology and capacity building
shall be undertaken in the context of the UNFCCC Compliance mechanism
identified in paragraph below, with the following objectives:

(i) Measurement shall be in accordance with methodologies to

measure provision of financial resources, technology transfer
and Capacity building (in accordance with Article 7.2(d) of the
Convention);

(ii) Reporting shall be on the provision of financial resources and

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 transfer of technology, in accordance with Article 4.7 and
communicated under Article 12.3 of the Convention; and

(iii) Verification of the combined effects of these measures shall be

undertaken by the SBI under Article 10.2(a), based on inputs
from the finance and technology mechanisms:

(a) Verification of the provision of finance for enabled actions to

be conducted by the financial mechanism (in accordance
with Article 11.1 of the Convention); and

(b) Verification of the provision of technology transfer for

enabled actions shall be conducted by the technology
mechanism under Article 7(2)(i) of the Convention.

30. The autonomous national mitigation actions taken voluntarily with the
support of national resources of developing country Parties themselves shall
be reflected through their national communications, consistent with Article
12(1)(b) of the convention in accordance with national guidelines and
procedures.

C. Policy approaches and measures to limit and reduce greenhouse

gas emissions from aviation and marine bunker fuels

31. Actions by developed country Parties shall not be taken to deal with
environmental challenges including taxation or imposing levies on developing
country Parties services or sectors (e.g. aviation/maritime) or environmental
measures addressing trans-boundary or global environmental problems
unless such measures have been agreed to by international consensus and
are in coherence with the principles and provisions of the Convention.

D. Enhanced action on adaptation

32. People have equal rights to be protected from the adverse impacts of
climate change and the rights to proactively face climate change.

33. Adaptation to the adverse impacts of climate change arising from the
historical cumulative greenhouse gases (GHG) emissions of developed
country Parties, poses a serious threat to economic and social development,
and is already an additional burden on developing country Parties efforts to
reduce poverty and achieve their development goals. Adaptation activities
encompass urgent and immediate, short, medium and long term actions at
national, regional and international levels.

34. An institutional framework on adaptation to climate change is hereby

established under the Convention to enable developed country Parties, to
honor their adaptation debts and to fulfill their commitments to fund the full
incremental costs incurred by developing country Parties of implementing
programmers to facilitate adequate adaptation to climate change, and to meet
the costs of adapting to the adverse effects of climate change. It shall

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enhance and support adaptation to climate change in all developing country
Parties in accordance with the Convention and compensate them for its
adverse effects. The institutional arrangements shall comprise:

(i) An adaptation executive body under the authority and guidance

of the Conference of Parties and that comprises equitable
geographical representation, to promote international cooperation on
adaptation and other relevant activities under the Convention, set
the criteria and parameters of activities to be funded and where
appropriate help mobilize financial resources from public and other
sources of finance, to enable the implementation of country driven
strategy, programs and projects, including at the regional levels.

(ii) A new adaptation fund window under the Convention to finance

the full costs of adaptation activities and actions and the related
transfer of technology sharing and capacity building in developing
country Parties, with sources of funding be new, substantial and
sustained public funding from developed countries, with an annual
scale at least 3% of the GNP of developed countries, and including
through fulfilling their financial commitments under the Convention.
This fund shall be additional to ODA.

(iii) It is necessary to structure this Adaptation Fund, as an exclusive

fund for facing climate change and that is part of a financial
mechanism managed and led in a sovereign and equitable way by
the Parties, without any impositions from Multilateral Development
Banks or Financial Institutions. This Fund should also handle a
mechanism for the indemnity for damages to Mother Earth.

(iv) Under this Fund it is necessary to register the impacts, the costs
of these impacts for the developing countries and the finance,
technology and capacity building measures needed to address these
impacts. Also, under this Adaptation Fund it is necessary to register
and monitor the support of developed countries, including the
transference and development of technologies and the fulfillment of
the funds provision as part of a just compensation.

(v) A comprehensive adaptation program to enhance action on

adaptation in a coordinated and coherent manner at all levels, now,
up to and beyond 2012, ranging from assessments through planning
to implementation, including through reducing vulnerability,
minimizing unavoidable loss and damage, and building the resilience
of societies, economies and ecosystems to present and future
adverse effects of climate change. The program shall:

(a) Enable the formulation of national adaptation measures (in

accordance with Article 4.1) in particular in developing
country Parties;

(b) Provide finance, technology development and transfer and

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 capacity-building, by developed country Parties for
adaptation actions in developing country Parties (in
accordance with Articles 4.1, 4.3 and 4.5 of the Convention),
especially those involved in Article 4.8 of the Convention;
and

(c) Establish and where appropriate strengthen regional centers,

networks, initiatives and coordinating bodies for adaptation,
building upon and complementing national adaptation action
on all levels respecting fully the sovereignty of states.

(vi) An international mechanism to address the unavoidable loss and

damage resulting from the adverse effects of climate change, and
associated lost opportunities for development, with the following
functions:

(a) Addressing risks associated with climate-related extreme

weather events, that incorporates measures to reduce,
manage and prevent risk;

(b) Providing compensation and rehabilitation for climate-related

slow onset events

(vii) An adaptation window and a compliance mechanism under the

Convention for measuring and verifying the provisions of financial
resources, compensation and transfer of technology from developed
country Parties (within the new operating entity under the
Convention Financial mechanism).

(viii) An international mechanism to address the needs of individuals

and peoples displaced due to the adverse effects of climate change
and to facilitate their relocation, including from developing countries
to developed countries. This implies the need to remove restrictive
policies on migration in developed countries,

(ix) The COP shall adopt the rules and modalities for
operationalization of the framework and its bodies, with a view to
ensuring the full repayment of climate-related finance, compensation
and debts to developing countries and will finish its work at the latest
by the COP17.

E. Enhanced action on the provision of financial resources and

investment

35. We stress that the financial commitments of Developed Country Parties

under the Convention have not been met, and emphasize the urgent need for
these parties to honor their commitments in accordance with Article 4 and in
particular Articles 4.3, 4.4 and 4.5, and to provide substantial financial
resources to developing country Parties that commensurate with the

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unprecedented challenge of climate change which constitutes the greatest
risk that humanity has ever faced.

36. Developed country Parties and other developed Parties included in

Annex II in accordance with their commitments under the Convention
including Article 4, paragraphs 3, 4, 5, 7, 8 and 9 shall provide substantial,
new, additional, adequate, predictable and sustained public funding additional
to and different from the ODA to meet the agreed full costs and/or incremental
costs incurred by developing country Parties to effectively implement their
commitments under the Convention, taking into consideration that other
sources of investment like private sector and markets can play a
supplementary role.

37. In order to honor the climate debt, and in accordance with Article 11(3)(d)
of the Convention, it is agreed that the amount of funds to be made available
annually to developing country Parties shall be equivalent to at least 6% of
the GNP of developed country Parties comprising 3% for adaptation, 1% for
mitigation, 1% for technology development and transfer and 1% for capacity
building. It is equally agreed that US$400 billions, from public finance
sources, shall be made available by developed countries for fast track
financing of global efforts to address climate change. An equivalent of US$
150 billions worth of Special Drawing Rights shall be issued by the IMF as
partial fulfillment of this undertaking by developed countries.

38. A financial mechanism of the Convention, to be known as the

(Multilateral Climate Fund), is hereby established, in accordance with Article
11.1. It shall function under the authority, guidance of and be fully
accountable to the Conference of Parties. It shall comprise, inter alia, the
following elements:

(i) An Executive Board, which shall be the governing body, with

equitable and geographically-balanced representation of the
Parties, and which shall follow the principles of openness,
transparency, effectiveness and easy access;

(ii) Multiple specialized Funds or funding windows, including for

adaptation, mitigation, technology transfer and development,
and capacity building;

(iii) A trustee or trustees that shall be appointed by the Board;

(iv) Technical panels of experts;

(v) A Monitoring and Verification group or mechanism.

39. A Compliance mechanism shall be established for the evaluation and

verification of the fulfillment of developed country Parties of their
commitments under the Convention including their financial contributions to
adaptation, mitigation, technology transfer and capacity building to developing

16
country Parties, to identify insufficiencies between the enabling means
provided and needed and address non-compliance with commitments.

40. The rules and procedures of the compliance mechanism shall be

established by the Conference of the Parties not later than the 17th
Conference of Parties. The MRV of the provision of financial resources,
technology and capacity building to enable and support NAMAs and NAPAs
of developing country Parties shall be undertaken under this compliance
mechanism.

F. Enhanced action on technology development and transfer

41. We agree that there must be urgent action on technology development

and transfer as a top priority especially because of the lack of implementation
and achievements in this area since the establishment of the Convention.

42. Transfer of technology must fully compensate the loss of development

opportunities due to the costs and technological demands to developing
countries to live within a restricted atmospheric space. Poor countries face
climate-related challenges to their development that were not faced by the
developed countries in the process of their own development.

43. Sharing the complete technological cycle, namely enhancement,

development, demonstration, deployment, diffusion and transfer of new and
existing innovative technologies is urgent and essential to strengthening
developing country Parties capacities in particular those listed in Art. 4.8 of
the Convention. Developing countries must be recipients of the technological
cycle in its integrity.

44. Enhanced action on technology requires implementation and compliance

of the commitments made by developed countries in the Convention
regarding the development and transfer of technology. It is agreed that this
goes beyond the marketing of the technology to developing countries.

45. Guidelines shall be established for the assessment and evaluation of

technologies meant for transfer and deployment to ensure that they are
environmentally sound and socially appropriate.

46. We recognize that indigenous and traditional knowledge and technologies

form a valuable and useful part of the knowledge and technologies that are
appropriate and useful for mitigation and adaptation activities in addressing
climate change and that these have to be supported and be part of technology
development, transfer and deployment.

47. It is equally essential for the technologies to be made available to

developing countries at the lowest cost, and thus there should be an
appropriate framework regulating intellectual property to prevent patent
monopolies and to facilitate the maximum expansion of technologies to be
placed in the public domain.

17
48. Technologies and innovations that come from public financing destined for
research and technology development must be located in public domain and
not under a private patent regime, in such a way that they are of free access
for developing countries.

49. Technology transfer from developed to developing countries should

be free from conditionalities or impositions. Instead, it is agreed that there
must be a free exchange of information, knowledge and technologies, under
the principles of solidarity, reciprocity, respect, complementariness, harmony,
transparency, balance, permitting an inter-scientific dialogue of knowledge
and skills.

50. We agree that early and rapid reduction of emissions requires the
deployment of low-emission technologies on a massive scale and that
developing countries particularly those with insufficient or no manufacturing
capacity in environmentally sound technologies will have more difficulties in
accessing adaptation and mitigation technologies and that measures shall be
taken to facilitate and ensure their access to the technology.

51. We agree to establish effective mechanisms and enhanced means for the
removal of obstacles to the scaling up of the development and transfer of
technology to developing country Parties in order to promote access to
affordable environmentally sound technologies.

52. New and additional financing from developed country Parties amounting
to at least 1% of their GNP shall be provided in a manner that is adequate,
predictable and sustainable to support technology development and
deployment in and technology transfer to developing countries. This includes
the establishment and operations of joint technology excellence centers in
developing countries, to enable entities in these countries to do research and
development on adaptation as well as mitigation technologies;

53. A mechanism for technology development and transfer is hereby

established under the Convention that shall function under the authority,
guidance of and be fully accountable to the Conference of Parties, to fully
implement the commitments on technology development and transfer under
the Convention, in particular Article 4, paragraphs 3, 5, 7and 9, that
comprises:

(i) A Technology Executive Board aimed at achieving the most

effective implementation of technology transfer to developing
country Parties including through inter alia develop strategy
and policies, provide guidance, assess and elaborate on
technology matters and develop a Technology Action Plan
and its updated versions, comprising government
representatives, elected by the Conference of Parties, which
will have equitable regional representation. The Executive
Board shall recommend to the COP international actions to
support the removal of barriers to technology development

18
 and transfer, including those arising from intellectual property
rights;

(ii) Technical Panels for adaptation and mitigation technologies

to generate and compile expert information;

(iii) A Technology Action Plan to support concrete programs and

actions to enable technology development and transfer,
enhance endogenous technologies and capacities and
enhance action in all sectors, and at all stages of the
technology cycle (in accordance with Article 4.5). The TAP
will define policies, actions and funding for relevant
technology actions and programs under the following
classification: public domain technologies, patented
technologies and know-how and future technologies. The
Technology Action Plan will have short, medium and long
term actions and programs that covers all sectors;

(iv) A Multilateral Climate Technology Fund/window to meet the

full and the full incremental costs of technology transfer (in
accordance with Article 4.3). The fund will be part of the
financial mechanism of the Convention. It shall provide
financial resources for the activities agreed on by the
Technology Mechanism, and shall be composed by Regional
Groups of Experts in Investment and Development, with an
equitable representation of different geographic zones of the
world.

(v) A compliance mechanism for measuring and verifying

commitments of developed country Parties for technology
transfer, finance and development;

54. The technology mechanism shall among its objectives and functions
have the following:

(i) Achieve access to affordable technology by developing

country Parties, achieve removal of barriers to technology
transfer, diffusion and development; support the
enhancement and development of endogenous capacities
and technologies of developing country Parties, develop
technology action plans, coordinate actions and assess
performance;

(ii) Formulate and promote the implementation of action plans

on technology development and transfer;

(iii) Coordinate actions by different stakeholders at national,

regional and international levels;

(iv) Remove barriers to technology transfer and enhance means

19
 to promote technology transfer;

(v) Promote the establishment and enhancement of national and

regional technology innovation centers and networks;

(vi) Promote capacity building, including personnel training and

information exchange, to enhance the capability of
developing country Parties for the development, absorption
and application of climate friendly technologies;

(vii) Monitor and assess the progress and effectiveness of the

development and transfer of climate friendly technologies
under the Convention;

(viii) Provide advice on and assess the appropriateness of

technology, including the environmental, social and
economic and developmental aspects on the technology
aspects of developing countries voluntary national
appropriate mitigation actions and adaptation activities and
plans;

(ix) Accelerate further research, development and production of

technologies in developing countries;

(x) Strengthen technical and institutional capacities including

technology centers in developing countries;

(xi) Stimulate and enable the wide dissemination of existing

technologies, including the traditional knowledge,
technologies and practices of indigenous peoples.

55. Cooperation and joint development of current, new and innovative

technologies shall be enhanced.

56. All Parties shall enhance cooperation to promote research,

development, demonstration, deployment, transfer and diffusion of
environmentally friendly technologies, and in particular to take effective
measures to encourage and enable development and transfer of technology
to developing country Parties, remove barriers including intellectual property
rights in the context of making to technology development and transfer.
Specific measures shall be established to remove barriers to development
and transfer of technologies from the developed country to transfer
environmentally sound technologies to developing country Parties arising from
intellectual property rights protection.

57. We agree to take measures to ensure that international rights and

obligations relating to intellectual property shall be supportive of and do not
run counter to the objectives of the Convention.

20
58. Patents on climate-related technologies may be excluded by
developing country Parties. Steps shall be taken to expand technologies in
the public domain. Nothing in international intellectual property agreements
shall be interpreted or implemented in a manner that limits or prevents any
Party from taking measures to address climate change, in particular the
development and transfer of technologies, including the development and
enhancement of endogenous capacities and technologies of developing
countries and transfer of, and access to, environmentally sound technologies
and know-how.

59. Developing countries have the right to make use of the full flexibilities
contained in the Trade Related Aspects of Intellectual Property Rights
(TRIPS) agreement, including compulsory licensing.

60. Specific and urgent measures shall be taken and mechanisms

developed to remove barriers to development and transfer of technologies
arising from intellectual property rights protection, including:

(a) Creation of a Global Technology IPR Pool for Climate Change that
promotes and ensures access to intellectual property protected
technologies and associated know-how to developing countries on
non-exclusive royalty free terms; This pool shall include modern and
appropriate technologies and shall not have exclusions of any kind;

(b) Taking steps to ensure sharing of publicly funded technologies and

related know-how, including by making the technologies and know-how
available in the public domain in a manner that promotes transfer of
and/or access to environmentally sound technology and know-how to
developing countries on royalty free terms.

61. All necessary steps shall be immediately taken in all relevant forums to
exclude from IPR protection and revoke existing IPR protection in developing
countries and least developed countries on environmentally sound
technologies to adapt to and mitigate climate change, including those
developed through funding by governments or international agencies and
those involving use of genetic resources that are used for adaptation and
mitigation of climate change.

G. Policy approaches and positive incentives on issues relating to

reducing emissions from deforestation and forest degradation in
developing countries; and the role of conservation, sustainable
management of forests and enhancement of forest carbon stocks in
developing countries

62. Developed country Parties shall provide adequate, predictable and

sustained financing, technology and capacity building in accordance with the
relevant provisions of the Convention to enable and support national
development needs and voluntary actions to be undertaken by developing
country Parties consistent with their national circumstances in the context of
reducing emissions from, inter alia, deforestation, forest and land degradation

21
and to increase forest coverage, stabilize forest carbon stocks, enhance
carbon sinks through forest conservation, sustainable management of forests,
afforestation, reforestation, restoration of degraded ecosystems, improved
land use and agriculture practices.

63. A framework for the delivery of financial resources for forest related
actions is hereby established to fund the agreed full incremental costs for the
implementation of developing countries’ commitments under Article 4.1 (d) to
promote sustainable management; and promote and cooperate in the
conservation and enhancement of sinks and reservoirs of all greenhouse
gases, including forests ecosystems.

64. The following principles and elements will apply to forest related
actions and the proposed framework:

• A fund based mechanism that enables equitable distribution of funds.

• The framework will not allow for offset mechanisms.
• It will ensure environmental integrity.
• It will protect the rights of indigenous peoples and local communities,
as there is no transfer of rights of carbon ownership to the market.
• Ensure sovereignty and national as well as local control over forest
related activities. These activities must be framed under the national
laws and policies.
• Forest conservation can be funded, including adaptation activities
related to forests.

65. Under the proposed Multilateral Climate Fund established under the
COP:

• A funding window or specialized fund should be established for forest

related activities as set out under paragraph 1(b)(iii) of the BAP.
• In addition, an expert group or committee can be established to
facilitate the implementation of such activities supported by a technical
panel if needed.
• The establishment of such a funding window or specialized fund
supported by an expert group or committee as above must ensure the
predictable, adequate and timely access to financial resources for
developing countries for the implementation of Article 4.1(d) of the
Convention.

66. Eligibility criteria for funding forest related activities should include the
following:

• Support for proposals that address the underlying causes of forest loss,
including actions within but not limited to the forest sector;
• Support for proposals that guarantee lasting protection of natural
forests and reduction of deforestation and degradation, enhanced
forest law enforcement and improved forest governance, and
strengthened recognition of Indigenous Peoples and community rights,

22
 regardless of whether the impact of these measures can be
immediately quantified in terms of carbon emission units;
• Proposals shall not be considered that allow industrial-scale logging or
that involve conversion of natural forests to plantations or other
commercial or infrastructure activities and projects that damage the
environment or violate the rights of local communities.
• Encouragement of proposals for activities that involve the full and
effective participation of forest-dependent Indigenous Peoples and
local communities. Measures must respect and promote the rights and
interests of Indigenous Peoples and local communities, including the
right to free, prior and informed consent (FPIC), in its design and
implementation, in full compliance with relevant international human
rights conventions and applicable national laws, including inter alia, the
United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP) and the Convention on Biological Diversity (CBD), as well as
other relevant international, customary and national law;
• Support for the restoration and maintenance of the forests by
indigenous peoples and their organizations, including through a global
program to restore native forests and jungles, managed and
administered by the communities and their organizations.
• Proposals and activities should promote good governance, in particular
with respect to forest policies and law enforcement;
• Proposals and activities should contain transparent and participatory
mechanisms to prevent or resolve conflicts over access, use, and
ownership rights that could arise during the development and/or
implementation of forest related activities.

67. The definition of forest used in the negotiations should not include
plantations, as monoculture plantations are not forests.

68. The UN Declaration on the Rights of Indigenous Peoples and ILO

Convention 169 shall be fully recognized, implemented and integrated in
climate change actions. We agree that the best strategy and action to avoid
deforestation and degradation and protect native forests and the forest is to
recognize and guarantee the collective rights of the lands and territories,
especially considering that most of the forests are in the territories of
indigenous peoples and nations, and traditional farming communities. Parties
also recognize the prior existence of the right of indigenous peoples over their
territories, lands and natural resources to enable and strengthen their
traditional ways of life and contribute effectively to solving the climate change
problem.

69. Carbon market mechanisms are not appropriate for financing and
implementing forest-related activities and should not be used. They are and
have the potential to be against the principle of sovereignty and the rights and
customs of indigenous people including free and prior consent. Instead,
activities relating to forests shall be financed by payments and contribution in
a fund or funding window referred to in paragraph 65.

23
70. The fund or funding window will finance the restoration and maintenance
of the forests by indigenous peoples and their organizations. A global
program shall be established to take and support actions to restore native
forests and jungles, managed and administered by the communities and their
organizations. The activities to be supported include maintaining biodiversity,
the conservation and use of local seeds and seed varieties, fruit trees and
native flora. Commercial activities and infrastructure projects that are
damaging to the forests, to climate, and to the rights of people in the forests or
who depend on the forests should not be undertaken.

H. Economic and social consequences of response measures

71. An appropriate forum shall be established under the Convention to

give full consideration to what actions are necessary to address the potential
economic and social consequences and impacts of the design, selection and
implementation of response measures.

72. Developed country Parties shall not resort to any form of unilateral
climate related trade measures including border adjustment measures and
tariffs against the goods and services of developing country Parties on
climate-related grounds as such measures violate the principles and
provisions of the Convention including those related to common and
differentiated responsibilities (Article 3.5 of the Convention), to trade and
climate change, and to the relation between mitigation actions of developing
country Parties and provision of finance and technology by developed country
parties (Articles 4.3 and 4.7 of the Convention).

73. In accordance with relevant international instruments, including the UN

Declaration of the Rights of Indigenous Peoples, the Parties shall cooperate
with the indigenous peoples through their own representative institutions to
obtain their free, prior and informed consent before adopting and
implementing measures that may affect them.

I. Various approaches, including opportunities for using markets, to

enhance the cost-effectiveness of, and to promote, mitigation actions

74. There should not be use of an international carbon market or an

international carbon market approach in the offsetting of Annex I Parties'
mitigation commitments or in the financing of developing countries' climate
actions as it has serious adverse effects.

J. Cooperative sectoral approaches and sector-specific actions in

agriculture

75. We agree to phase out inappropriate forms of agriculture that are

ecologically harmful and that are emission-intensive and to instead take
measures to promote an environmentally sustainable model of agricultural
production that also promote food security and food sovereignty and the
livelihoods and rights of local communities and indigenous peoples. We agree

24
to ensure that the small farmers in developing countries have the right to and
can maintain or increase their control over their own seeds, land, water and
food production. We agree that appropriate financing mechanisms be
established for these purposes and that adequate financing be provided.

76. We recognize that emissions from certain forms of agriculture production

are a major source of global warming and that mitigation actions relating to
these forms of agriculture while promoting ecologically-sound forms of
agriculture (including traditional agricultural practices by many local
communities and small farmers in many parts of the developing countries) are
essential. The recognition and promotion of food sovereignty is also a vital
part of agricultural transformation required to address the climate crisis. The
concept of food sovereignty is to bee understood as the right of people to
control their own seeds, land, water and food production, ensuring, through
production in harmony with Mother Earth.

77. It is essential that the policy framework for agriculture be appropriate for
the purpose of addressing the climate crisis and to meet the interests of local
communities and protect the environment. In this context we agree that there
be a review of the global system of agricultural trade, the provisions of trade
agreements and loan and aid conditionalities and the intellectual property
regimes. Agricultural technologies and related technologies shall also be
subject to assessment for their environmental, social and developmental
impacts. Technologies that should be critically reviewed include industrial
agriculture (with its dependence on agrochemicals, corporate-controlled
seeds and intensive water use), genetic engineering, Terminator Technology,
biofuels, nanotechnology, and geo-engineering.

78. We also agree to monitor and evaluate projects to prevent those

projects or activities including in the infrastructure and extractive sectors that
adversely affect the lands and rights of local farming and indigenous
communities.

79. All Parties recognize the right of all peoples to have access to and
enjoy clean water.

K. Enhanced action on capacity building

80. A Capacity building committee mechanism shall be established to

develop and support capacity building needs of developing country Parties
that are vulnerable to the adverse effects of climate change, including through
funding, focused training, mentoring and learning by doing approaches.

81. The committee/Mechanism shall enable developing country Parties

to, inter alia:

(i) Develop the capacity of institutions and human resources;

(ii) Formulate strategies, policies and action plans;

25
 (iii) Enhance research and knowledge management;

(iv) Strengthen endogenous capacities;

(v) Strengthen the capacity for data collection and use and for
modeling; and

(vi) Build capacity for planning and decision-making including

the participation of nongovernmental actors.

82. Developed Country Parties shall enable developing country Parties to

implement the identification of activities (including national-level action plans),
which shall be funded at full costs under Article 4.3 and 11.1 of the
Convention amounting to at least 1% of the GNP of developed country
Parties.

L. Other actions

83. All Parties shall ensure the full and effective implementation of the right
to consultation, participation and prior, free and informed consent of
Indigenous Peoples in all negotiation processes and in the design and
implementation of measures relating to climate change.

84. We recognize the critical linkages between water and climate change,
and the need to act urgently on water related issues. Climate change has
serious adverse effects on people’s access to water resources, for example
through the reduced water supply caused by the melting of glaciers. We
agree that dedicated action with adequate financing be planned to deal with
water issues. We also recognize that all individuals have the right to have
access to water resources to sustain life and that states have a responsibility
to fulfill the basic human need for water.

85. Developed countries shall take responsibility for climate migrants,

welcoming them into their territories and recognizing their fundamental rights
through the signing of international conventions providing for the definition of
migrant climate that all States abide by its determinations. At present,
environmental degradation and climate change will reach critical levels, one of
the main consequences of internal migration and international. According to
some projections in 1995 there were about 25 million climate migrants, this is
estimated at 50 million and projections for 2050 are from 200 to 1000 million
people will be displaced by situations resulting from climate change.

86. Parties shall promote the establishment of an International Court of

Climate and Environmental Justice, whose aim is to contribute to preventing
actions causing environmental pollution and climate change.

87. Parties agree to support and promote a world plebiscite or referendum on

climate change open to the global public. The terms of this referendum will be
considered by the COP.

26
 World People’s Conference on Climate Change
and the Rights of Mother Earth

April 22nd, Cochabamba, Bolivia

PEOPLES AGREEMENT

Today, our Mother Earth is wounded and the future of humanity is in danger.

If global warming increases by more than 2 degrees Celsius, a situation that

the “Copenhagen Accord” could lead to, there is a 50% probability that the
damages caused to our Mother Earth will be completely irreversible. Between
20% and 30% of species would be in danger of disappearing. Large
extensions of forest would be affected, droughts and floods would affect
different regions of the planet, deserts would expand, and the melting of the
polar ice caps and the glaciers in the Andes and Himalayas would worsen.
Many island states would disappear, and Africa would suffer an increase in
temperature of more than 3 degrees Celsius. Likewise, the production of food
would diminish in the world, causing catastrophic impact on the survival of
inhabitants from vast regions in the planet, and the number of people in the
world suffering from hunger would increase dramatically, a figure that already
exceeds 1.02 billion people.

The corporations and governments of the so-called "developed" countries, in

complicity with a segment of the scientific community, have led us to discuss
climate change as a problem limited to the rise in temperature without
questioning the cause, which is the capitalist system.

We confront the terminal crisis of a civilizing model that is patriarchal and

based on the submission and destruction of human beings and nature that
accelerated since the industrial revolution.

The capitalist system has imposed on us a logic of competition, progress and

limitless growth. This regime of production and consumption seeks profit
without limits, separating human beings from nature and imposing a logic of
domination upon nature, transforming everything into commodities: water,
earth, the human genome, ancestral cultures, biodiversity, justice, ethics, the
rights of peoples, and life itself.

Under capitalism, Mother Earth is converted into a source of raw materials,

and human beings into consumers and a means of production, into people
that are seen as valuable only for what they own, and not for what they are.

Capitalism requires a powerful military industry for its processes of

accumulation and imposition of control over territories and natural resources,
suppressing the resistance of the peoples. It is an imperialist system of
colonization of the planet.

Humanity confronts a great dilemma: to continue on the path of capitalism,

27
depredation, and death, or to choose the path of harmony with nature and
respect for life.

It is imperative that we forge a new system that restores harmony with nature
and among human beings. And in order for there to be balance with nature,
there must first be equity among human beings.

We propose to the peoples of the world the recovery, revalorization, and

strengthening of the knowledge, wisdom, and ancestral practices of
Indigenous Peoples, which are affirmed in the thought and practices of "Living
Well," recognizing Mother Earth as a living being with which we have an
indivisible, interdependent, complementary and spiritual relationship.

To face climate change, we must recognize Mother Earth as the source of life
and forge a new system based on the principles of:

• harmony and balance among all and with all things;

• complementarity, solidarity, and equality;
• collective well-being and the satisfaction of the basic necessities of all
• people in harmony with nature;
• recognition of human beings for what they are, not what they own;
• elimination of all forms of colonialism, imperialism and interventionism;
• peace among the peoples and with Mother Earth;

The model we support is not a model of limitless and destructive

development. All countries need to produce the goods and services
necessary to satisfy the fundamental needs of their populations, but by no
means can they continue to follow the path of development that has led the
richest countries to have an ecological footprint five times bigger than what
the planet is able to support. Currently, the regenerative capacity of the planet
has been already exceeded by more than 30 percent. If this pace of over-
exploitation of our Mother Earth continues, we will need two planets by the
year 2030.

In an interdependent system in which human beings are only one component,

it is not possible to recognize rights only to the human part without provoking
an imbalance in the system as a whole. To guarantee human rights and to
restore harmony with nature, it is necessary to effectively recognize and apply
the rights of Mother Earth.

For this purpose, we propose the attached project for the Universal
Declaration on the Rights of Mother Earth, in which it’s recorded that:
• The right to live and to exist;
• The right to be respected;
• The right to regenerate its bio-capacity and to continue it’s vital cycles
and processes free of human alteration;
• The right to maintain their identity and integrity as differentiated beings,
self-regulated and interrelated;
• The right to water as the source of life;

28
 • The right to clean air;
• The right to comprehensive health;
• The right to be free of contamination and pollution, free of toxic and
radioactive waste;
• The right to be free of alterations or modifications of it’s genetic
structure in a manner that threatens it’s integrity or vital and healthy
functioning;
• The right to prompt and full restoration for violations to the rights
acknowledged in this Declaration caused by human activities.

The “shared vision” seeks to stabilize the concentrations of greenhouse gases

to make effective the Article 2 of the United Nations Framework Convention
on Climate Change, which states that “the stabilization of greenhouse gases
concentrations in the atmosphere to a level that prevents dangerous
anthropogenic inferences for the climate system.” Our vision is based on the
principle of historical common but differentiated responsibilities, to demand
the developed countries to commit with quantifiable goals of emission
reduction that will allow to return the concentrations of greenhouse gases to
300 ppm, therefore the increase in the average world temperature to a
maximum of one degree Celsius.

Emphasizing the need for urgent action to achieve this vision, and with the
support of peoples, movements and countries, developed countries should
commit to ambitious targets for reducing emissions that permit the
achievement of short-term objectives, while maintaining our vision in favor of
balance in the Earth’s climate system, in agreement with the ultimate
objective of the Convention.

The “shared vision for long-term cooperative action" in climate change

negotiations should not be reduced to defining the limit on temperature
increases and the concentration of greenhouse gases in the atmosphere, but
must also incorporate in a balanced and integral manner measures regarding
capacity building, production and consumption patterns, and other essential
factors such as the acknowledging of the Rights of Mother Earth to establish
harmony with nature.

Developed countries, as the main cause of climate change, in assuming their

historical responsibility, must recognize and honor their climate debt in all of
its dimensions as the basis for a just, effective, and scientific solution to
climate change. In this context, we demand that developed countries:
• Restore to developing countries the atmospheric space that is occupied by
their greenhouse gas emissions. This implies the decolonization of the
atmosphere through the reduction and absorption of their emissions;
• Assume the costs and technology transfer needs of developing countries
arising from the loss of development opportunities due to living in a
restricted atmospheric space;
• Assume responsibility for the hundreds of millions of people that will be
forced to migrate due to the climate change caused by these countries,
and eliminate their restrictive immigration policies, offering migrants a
decent life with full human rights guarantees in their countries;

29
• Assume adaptation debt related to the impacts of climate change on
developing countries by providing the means to prevent, minimize, and
deal with damages arising from their excessive emissions;
• Honor these debts as part of a broader debt to Mother Earth by adopting
and implementing the United Nations Universal Declaration on the Rights
of Mother Earth.

The focus must not be only on financial compensation, but also on restorative
justice, understood as the restitution of integrity to our Mother Earth and all its
beings.

We deplore attempts by countries to annul the Kyoto Protocol, which is the

sole legally binding instrument specific to the reduction of greenhouse gas
emissions by developed countries.

We inform the world that, despite their obligation to reduce emissions,

developed countries have increased their emissions by 11.2% in the period
from 1990 to 2007.

During that same period, due to unbridled consumption, the United States of
America has increased its greenhouse gas emissions by 16.8%, reaching an
average of 20 to 23 tons of CO2 per-person. This represents 9 times more
than that of the average inhabitant of the "Third World," and 20 times more
than that of the average inhabitant of Sub-Saharan Africa.

We categorically reject the illegitimate “Copenhagen Accord” that allows

developed countries to offer insufficient reductions in greenhouse gases
based in voluntary and individual commitments, violating the environmental
integrity of Mother Earth and leading us toward an increase in global
temperatures of around 4°C.

The next Conference on Climate Change to be held at the end of 2010 in

Mexico should approve an amendment to the Kyoto Protocol for the second
commitment period from 2013 to 2017 under which developed countries must
agree to significant domestic emissions reductions of at least 50% based on
1990 levels, excluding carbon markets or other offset mechanisms that mask
the failure of actual reductions in greenhouse gas emissions.

We require first of all the establishment of a goal for the group of developed
countries to achieve the assignment of individual commitments for each
developed country under the framework of complementary efforts among
each one, maintaining in this way Kyoto Protocol as the route to emissions
reductions.

The United States, as the only Annex 1 country on Earth that did not ratify the
Kyoto Protocol, has a significant responsibility toward all peoples of the world
to ratify this document and commit itself to respecting and complying with
emissions reduction targets on a scale appropriate to the total size of its
economy.

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We the peoples have the equal right to be protected from the adverse effects
of climate change and reject the notion of adaptation to climate change as
understood as a resignation to impacts provoked by the historical emissions
of developed countries, which themselves must adapt their modes of life and
consumption in the face of this global emergency. We see it as imperative to
confront the adverse effects of climate change, and consider adaptation to be
a process rather than an imposition, as well as a tool that can serve to help
offset those effects, demonstrating that it is possible to achieve harmony with
nature under a different model for living.

It is necessary to construct an Adaptation Fund exclusively for addressing

climate change as part of a financial mechanism that is managed in a
sovereign, transparent, and equitable manner for all States. This Fund should
assess the impacts and costs of climate change in developing countries and
needs deriving from these impacts, and monitor support on the part of
developed countries. It should also include a mechanism for compensation for
current and future damages, loss of opportunities due to extreme and gradual
climactic events, and additional costs that could present themselves if our
planet surpasses ecological thresholds, such as those impacts that present
obstacles to "Living Well."

The "Copenhagen Accord" imposed on developing countries by a few States,

beyond simply offering insufficient resources, attempts as well to divide and
create confrontation between peoples and to extort developing countries by
placing conditions on access to adaptation and mitigation resources. We also
assert as unacceptable the attempt in processes of international negotiation to
classify developing countries for their vulnerability to climate change,
generating disputes, inequalities and segregation among them.

The immense challenge humanity faces of stopping global warming and

cooling the planet can only be achieved through a profound shift in agricultural
practices toward the sustainable model of production used by indigenous and
rural farming peoples, as well as other ancestral models and practices that
contribute to solving the problem of agriculture and food sovereignty. This is
understood as the right of peoples to control their own seeds, lands, water,
and food production, thereby guaranteeing, through forms of production that
are in harmony with Mother Earth and appropriate to local cultural contexts,
access to sufficient, varied and nutritious foods in complementarity with
Mother Earth and deepening the autonomous (participatory, communal and
shared) production of every nation and people.

Climate change is now producing profound impacts on agriculture and the

ways of life of indigenous peoples and farmers throughout the world, and
these impacts will worsen in the future.

Agribusiness, through its social, economic, and cultural model of global

capitalist production and its logic of producing food for the market and not to
fulfill the right to proper nutrition, is one of the principal causes of climate
change. Its technological, commercial, and political approach only serves to
deepen the climate change crisis and increase hunger in the world. For this

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reason, we reject Free Trade Agreements and Association Agreements and
all forms of the application of Intellectual Property Rights to life, current
technological packages (agrochemicals, genetic modification) and those that
offer false solutions (biofuels, geo-engineering, nanotechnology, etc.) that
only exacerbate the current crisis.

We similarly denounce the way in which the capitalist model imposes mega-
infrastructure projects and invades territories with extractive projects, water
privatization, and militarized territories, expelling indigenous peoples from
their lands, inhibiting food sovereignty and deepening socio-environmental
crisis.

We demand recognition of the right of all peoples, living beings, and Mother
Earth to have access to water, and we support the proposal of the
Government of Bolivia to recognize water as a Fundamental Human Right.

The definition of forests used in the negotiations of the United Nations

Framework Convention on Climate Change, which includes plantations, is
unacceptable. Monoculture plantations are not forests. Therefore, we require
a definition for negotiation purposes that recognizes the native forests, jungles
and the diverse ecosystems on Earth.

The United Nations Declaration on the Rights of Indigenous Peoples must be

fully recognized, implemented and integrated in climate change negotiations.
The best strategy and action to avoid deforestation and degradation and
protect native forests and jungles is to recognize and guarantee collective
rights to lands and territories, especially considering that most of the forests
are located within the territories of indigenous peoples and nations and other
traditional communities.

We condemn market mechanisms such as REDD (Reducing Emissions from

Deforestation and Forest Degradation) and its versions + and + +, which are
violating the sovereignty of peoples and their right to prior free and informed
consent as well as the sovereignty of national States, the customs of Peoples,
and the Rights of Nature.

Polluting countries have an obligation to carry out direct transfers of the

economic and technological resources needed to pay for the restoration and
maintenance of forests in favor of the peoples and indigenous ancestral
organic structures. Compensation must be direct and in addition to the
sources of funding promised by developed countries outside of the carbon
market, and never serve as carbon offsets. We demand that countries stop
actions on local forests based on market mechanisms and propose non-
existent and conditional results. We call on governments to create a global
program to restore native forests and jungles, managed and administered by
the peoples, implementing forest seeds, fruit trees, and native flora.
Governments should eliminate forest concessions and support the
conservation of petroleum deposits in the ground and urgently stop the
exploitation of hydrocarbons in forestlands.

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We call upon States to recognize, respect and guarantee the effective
implementation of international human rights standards and the rights of
indigenous peoples, including the United Nations Declaration on the Rights of
Indigenous Peoples under ILO Convention 169, among other relevant
instruments in the negotiations, policies and measures used to meet the
challenges posed by climate change. In particular, we call upon States to give
legal recognition to claims over territories, lands and natural resources to
enable and strengthen our traditional ways of life and contribute effectively to
solving climate change.

We demand the full and effective implementation of the right to consultation,

participation and prior, free and informed consent of indigenous peoples in all
negotiation processes, and in the design and implementation of measures
related to climate change.

Environmental degradation and climate change are currently reaching critical

levels, and one of the main consequences of this is domestic and international
migration. According to projections, there were already about 25 million
climate migrants by 1995. Current estimates are around 50 million, and
projections suggest that between 200 million and 1 billion people will become
displaced by situations resulting from climate change by the year 2050.

Developed countries should assume responsibility for climate migrants,

welcoming them into their territories and recognizing their fundamental rights
through the signing of international conventions that provide for the definition
of climate migrant and require all States to abide by abide by determinations.

Establish an International Tribunal of Conscience to denounce, make visible,

document, judge and punish violations of the rights of migrants, refugees and
displaced persons within countries of origin, transit and destination, clearly
identifying the responsibilities of States, companies and other agents.

Current funding directed toward developing countries for climate change and
the proposal of the Copenhagen Accord are insignificant. In addition to Official
Development Assistance and public sources, developed countries must
commit to a new annual funding of at least 6% of GDP to tackle climate
change in developing countries. This is viable considering that a similar
amount is spent on national defense, and that 5 times more have been put
forth to rescue failing banks and speculators, which raises serious questions
about global priorities and political will. This funding should be direct and free
of conditions, and should not interfere with the national sovereignty or self-
determination of the most affected communities and groups.

In view of the inefficiency of the current mechanism, a new funding

mechanism should be established at the 2010 Climate Change Conference in
Mexico, functioning under the authority of the Conference of the Parties
(COP) under the United Nations Framework Convention on Climate Change
and held accountable to it, with significant representation of developing
countries, to ensure compliance with the funding commitments of Annex 1

33
countries.

It has been stated that developed countries significantly increased their

emissions in the period from 1990 to 2007, despite having stated that the
reduction would be substantially supported by market mechanisms.

The carbon market has become a lucrative business, commodifying our

Mother Earth. It is therefore not an alternative for tackle climate change, as it
loots and ravages the land, water, and even life itself.

The recent financial crisis has demonstrated that the market is incapable of
regulating the financial system, which is fragile and uncertain due to
speculation and the emergence of intermediary brokers. Therefore, it would
be totally irresponsible to leave in their hands the care and protection of
human existence and of our Mother Earth.

We consider inadmissible that current negotiations propose the creation of

new mechanisms that extend and promote the carbon market, for existing
mechanisms have not resolved the problem of climate change nor led to real
and direct actions to reduce greenhouse gases.

It is necessary to demand fulfillment of the commitments assumed by

developed countries under the United Nations Framework Convention on
Climate Change regarding development and technology transfer, and to reject
the “technology showcase” proposed by developed countries that only
markets technology. It is essential to establish guidelines in order to create a
multilateral and multidisciplinary mechanism for participatory control,
management, and evaluation of the exchange of technologies. These
technologies must be useful, clean and socially sound. Likewise, it is
fundamental to establish a fund for the financing and inventory of technologies
that are appropriate and free of intellectual property rights. Patents, in
particular, should move from the hands of private monopolies to the public
domain in order to promote accessibility and low costs.

Knowledge is universal, and should for no reason be the object of private

property or private use, nor should its application in the form of technology.
Developed countries have a responsibility to share their technology with
developing countries, to build research centers in developing countries for the
creation of technologies and innovations, and defend and promote their
development and application for "living well." The world must recover and re-
learn ancestral principles and approaches from native peoples to stop the
destruction of the planet, as well as promote ancestral practices, knowledge
and spirituality to recuperate the capacity for “living well” in harmony with
Mother Earth.

Considering the lack of political will on the part of developed countries to

effectively comply with commitments and obligations assumed under the
United Nations Framework Convention on Climate Change and the Kyoto
Protocol, and given the lack of a legal international organism to guard against
and sanction climate and environmental crimes that violate the Rights of

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Mother Earth and humanity, we demand the creation of an International
Climate and Environmental Justice Tribunal that has the legal capacity to
prevent, judge and penalize States, industries and people that by commission
or omission contaminate and provoke climate change.

Supporting States that present claims at the International Climate and

Environmental Justice Tribunal against developed countries that fail to comply
with commitments under the United Nations Framework Convention on
Climate Change and the Kyoto Protocol including commitments to reduce
greenhouse gases.

We urge peoples to propose and promote deep reform within the United
Nations, so that all member States comply with the decisions of the
International Climate and Environmental Justice Tribunal.

The future of humanity is in danger, and we cannot allow a group of leaders

from developed countries to decide for all countries as they tried
unsuccessfully to do at the Conference of the Parties in Copenhagen. This
decision concerns us all. Thus, it is essential to carry out a global referendum
or popular consultation on climate change in which all are consulted regarding
the following issues; the level of emission reductions on the part of developed
countries and transnational corporations, financing to be offered by developed
countries, the creation of an International Climate Justice Tribunal, the need
for a Universal Declaration of the Rights of Mother Earth, and the need to
change the current capitalist system.
The process of a global referendum or popular consultation will depend on
process of preparation that ensures the successful development of the same.

In order to coordinate our international action and implement the results of this
"Accord of the Peoples," we call for the building of a Global People's
Movement for Mother Earth, which should be based on the principles of
complementarity and respect for the diversity of origin and visions among its
members, constituting a broad and democratic space for coordination and
joint worldwide actions.

To this end, we adopt the attached global plan of action so that in Mexico, the
developed countries listed in Annex 1 respect the existing legal framework
and reduce their greenhouse gases emissions by 50%, and that the different
proposals contained in this Agreement are adopted.

Finally, we agree to undertake a Second World People’s Conference on

Climate Change and the Rights of Mother Earth in 2011 as part of this
process of building the Global People's Movement for Mother Earth and
reacting to the outcomes of the Climate Change Conference to be held at the
end of this year in Cancun, Mexico.

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 Draft Proposal
UNIVERSAL DECLARATION OF THE RIGHTS OF MOTHER EARTH

Preamble

We, the peoples and nations of Earth:

considering that we are all part of Mother Earth, an indivisible, living

community of interrelated and interdependent beings with a common
destiny;

gratefully acknowledging that Mother Earth is the source of life,

nourishment and learning and provides everything we need to live well;

recognizing that the capitalist system and all forms of depredation,

exploitation, abuse and contamination have caused great destruction,
degradation and disruption of Mother Earth, putting life as we know it
today at risk through phenomena such as climate change;

convinced that in an interdependent living community it is not possible to

recognize the rights of only human beings without causing an imbalance
within Mother Earth;

affirming that to guarantee human rights it is necessary to recognize and

defend the rights of Mother Earth and all beings in her and that there are
existing cultures, practices and laws that do so;

conscious of the urgency of taking decisive, collective action to transform

structures and systems that cause climate change and other threats to
Mother Earth;

proclaim this Universal Declaration of the Rights of Mother Earth, and call
on the General Assembly of the United Nation to adopt it, as a common
standard of achievement for all peoples and all nations of the world, and to
the end that every individual and institution takes responsibility for
promoting through teaching, education, and consciousness raising,
respect for the rights recognized in this Declaration and ensure through
prompt and progressive measures and mechanisms, national and
international, their universal and effective recognition and observance
among all peoples and States in the world.

Article 1. Mother Earth

(1) Mother Earth is a living being.

(2) Mother Earth is a unique, indivisible, self-regulating community of

interrelated beings that sustains, contains and reproduces all beings.

(3) Each being is defined by its relationships as an integral part of Mother

Earth.

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(4) The inherent rights of Mother Earth are inalienable in that they arise from
the same source as existence.

(5) Mother Earth and all beings are entitled to all the inherent rights
recognized in this Declaration without distinction of any kind, such as may
be made between organic and inorganic beings, species, origin, use to
human beings, or any other status.

(6) Just as human beings have human rights, all other beings also have rights
which are specific to their species or kind and appropriate for their role and
function within the communities within which they exist.

(7) The rights of each being are limited by the rights of other beings and any
conflict between their rights must be resolved in a way that maintains the
integrity, balance and health of Mother Earth.

Article 2. Inherent Rights of Mother Earth

(1) Mother Earth and all beings of which she is composed have the following
inherent rights:

(a) the right to life and to exist;

(b) the right to be respected;

(c) the right to regenerate its bio-capacity and to continue its vital cycles
and processes free from human disruptions;

(d) the right to maintain its identity and integrity as a distinct, self-
regulating and interrelated being;

(e) the right to water as a source of life;

(f) the right to clean air;

(g) the right to integral health;

(h) the right to be free from contamination, pollution and toxic or

radioactive waste;

(i) the right to not have its genetic structure modified or disrupted in a
manner that threatens it integrity or vital and healthy functioning;

(j) the right to full and prompt restoration the violation of the rights
recognized in this Declaration caused by human activities;

(2) Each being has the right to a place and to play its role in Mother Earth for
her harmonious functioning.

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(3) Every being has the right to wellbeing and to live free from torture or cruel
treatment by human beings.

Article 3. Obligations of human beings to Mother Earth

(1) Every human being is responsible for respecting and living in harmony
with Mother Earth.

(2) Human beings, all States, and all public and private institutions must:

(a) act in accordance with the rights and obligations recognized in this
Declaration;

(b) recognize and promote the full implementation and enforcement of the
rights and obligations recognized in this Declaration;

(c) promote and participate in learning, analysis, interpretation and

communication about how to live in harmony with Mother Earth in
accordance with this Declaration;

(d) ensure that the pursuit of human wellbeing contributes to the wellbeing
of Mother Earth, now and in the future;

(e) establish and apply effective norms and laws for the defence,
protection and conservation of the rights of Mother Earth;

(f) respect, protect, conserve and where necessary, restore the integrity,
of the vital ecological cycles, processes and balances of Mother Earth;

(g) guarantee that the damages caused by human violations of the

inherent rights recognized in this Declaration are rectified and that
those responsible are held accountable for restoring the integrity and
health of Mother Earth;

(h) empower human beings and institutions to defend the rights of Mother
Earth and of all beings;

(i) establish precautionary and restrictive measures to prevent human

activities from causing species extinction, the destruction of
ecosystems or the disruption of ecological cycles;

(j) guarantee peace and eliminate nuclear, chemical and biological

weapons;

(k) promote and support practices of respect for Mother Earth and all
beings, in accordance with their own cultures, traditions and customs;

(l) promote economic systems that are in harmony with Mother Earth and
in accordance with the rights recognized in this Declaration.

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Article 4. Definitions

(1) The term “being” includes ecosystems, natural communities, species and
all other natural entities which exist as part of Mother Earth.

(2) Nothing in this Declaration restricts the recognition of other inherent rights
of all beings or specified beings.

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