From wildfires in Siberia and California, to floods in China, Germany and Turkey, climate change has gravely affected people around the world.[1] The effects of climate change physiologically and mentally impact people by exposing them to life-threatening dangers and interfering with the enjoyment of their human rights, including the right to life, right to adequate food, right to health, right to adequate housing, right to self-determination, right to safe drinking water and sanitation.[2] Intense changes in weather patterns induced by climate change have resulted in flash-flooding in Sahel countries for example,[3] putting people’s lives at risk (right to life, article 6 ICCPR), destroying their homes (right to housing, article 11 ICESCR), causing food insecurity (right to food, article 11 ICESCR), and psychological distress (right to health, article 11 ICESCR).[4] The most vulnerable segments of society suffer the most from climate change as it not only disturbs the economy but also the health system of countries.
Since the signing of the United Nations Framework Convention on Climate Change (UNFCCC)[5] and the Paris Agreement,[6] the international community has gradually recognised that mitigating climate change is important because it harms the environment and adversely affects human rights. Given that the UN Human Rights Council (HRC) is the principal UN intergovernmental body responsible for promoting and protecting human rights, and the link between climate change and human rights is indisputable, the Council has included climate change and the environment in their human rights mandate.[7] This article will assess the role of the UN Human Rights Council in addressing climate change and will propose recommendations to enable the HRC to better fulfil their aims.
The UN HRC’s work on Climate Change and Human Rights
Since 2008, the UN HRC has been actively engaged in addressing the human rights impacts of climate change and as of today has adopted eleven resolutions on human rights and climate change.[8] In a resolution in 2014, the HRC recognised that the global problem of climate change obstructs the enjoyment of human rights and requires a global solution.[9] It urged States to engage in dialogue, capacity building and other forms of cooperation.[10] In a separate resolution, the Council acknowledged that human rights obligations, standards and principles have the potential to strengthen national and international climate change policymaking.[11]
Human Right to a Safe and Healthy Environment
Last year, the UN HRC unanimously voted to recognise a safe, clean, and sustainable environment as a human right in Resolution 48/13.[12] The 2021 resolution was decades in the making as the principles included in the right to a healthy environment were first discussed at the 1972 Stockholm Conference[13] where the link between economic growth, destruction of the environment and the well-being of people was debated. At that time, UN Member States declared that people have a fundamental right to “an environment of a quality that permits a life of dignity and well-being,” and that they bear the “responsibility to protect and improve the environment for present and future generations.”[14] With the adoption of Resolution 48/13,[15] the UN HRC reaffirmed the principles included in the Stockholm Declaration on the Human Environment, the UNFCCC, and the Paris Agreement.[16]
Though the Resolution on the human right to a healthy environment is not legally binding, Member States have a political commitment to uphold its principles and this can likely lead to more effective national laws and policies.[17]For example, after the UN recognised the right to water in 2010, governments all over the world added the right to water to their constitutions and laws.[18] It is likely that the recognition of the right to a clean, safe and sustainable environment will also serves as a catalyst for more ambitious action on all environmental issues.
Special Rapporteur on Human Rights and Climate Change
In 2021, the UN HRC also appointed a Special Rapporteur (previously known as an Independent Expert) for the promotion and protection of human rights in the context of climate change.[19] Back in 2012, the UN HRC established a mandate for an independent expert on human rights and environment in Resolution 19/10[20] and appointed John Knox on this position for three years.[21] In a recent report, the Rapporteur (David R. Boyd) identified challenges hindering the global recognition and implementation of the right to a safe, clean, healthy and sustainable environment.[22]
While some of the work within the Special Rapporteurs’ mandates overlaps, the newly established position relates specifically to human rights considerations arising out of climate change as opposed to environmental degradation. The Special Rapporteur will likely publish reports encouraging States to participate and coordinate with the UN HRC in furtherance of its mandate on human rights and climate change. The Rapporteur may also survey reports of countries to ensure that they are enacting strong environmental laws to mitigate, adapt, and manage climate change.[23] The Rapporteur will also promote best practices of the use of human rights in climate change policymaking.[24]
Recommendations
While it is difficult to assess the success of the UN Human Right’s Council’s work, the following examples suggest that the work of the UN HRC has prompted positive changes around the globe. Norway, Argentina, Albania, and Brazil have legislated, made policies and initiated programs to enable the right of access to environmental information.[25]The courts in India and Pakistan have acknowledged that the right to breathe clean air is constitutionally protected because it is essential to the rights to life and health.[26] Thirteen States including Benin, Canada, Czechia, Fiji, France, Germany, Japan, the Marshall Islands, Mexico, Portugal, Ukraine, the United Kingdom, and the United States have filed long-term decarbonisation plans with the United Nations in order to achieve a clean, healthy and sustainable environment.[27] However, there is still room for improvement on part of the UN HRC.
The UN HRC should continue to encourage Member States to integrate human rights principles and obligations in their national climate policies.[28] The HRC must also intensify research on renewable energy resources to reduce carbon emissions.[29] It must facilitate technology transfer and intellectual property transfer to underdeveloped States to help them achieve national and international goals on human rights and climate change.[30] The HRC should work towards creating a climate justice fund from which countries can get the climate finance they require. It should also engage with the indigenous people and local communities to understand climate-related issues in their relevant territories.[31] The information collected from such indigenous or local communities should be safeguarded and utilised in the best interest of those that are most affected by climate change.[32] The Human Rights Council should lay down clear guidelines which stipulate that impact assessment for vulnerable groups (children, women, and indigenous people) must be conducted before any State implements mitigation or adaptation measures.[33] It should urge States to create effective national legislation to protect climate migrants. All relevant stakeholders should be invited to contribute to UN HRC climate change policies and discussions. The HRC should also build an effective communication channel between climate change negotiators and human rights experts.[34]
Conclusion
It is essential that States party to the Paris Agreement, ICCPR, CEDAW, and ICESCR – all legally binding instruments – ensure that human rights which can violated due to climate change are protected. Given the international scale of the climate crisis, States should take into account the resolutions and reports of the UN HRC and work with the Council to find solutions to the crisis
References
[1] Environmental Crises: High Commissioner calls for leadership by human rights council member states’ (13 September 2021) <https://reliefweb.int/sites/reliefweb.int/files/resources/OHCHR%20_%20Environmental%20crisis_%20High%20Comm…%20by%20Human%20Rights%20Council%20member%20states.pdf> accessed 21 January 2022
[2] UNHRC Resolution recognizing a Human Right to a Healthy Environment (GNHRE, 11 October 2021) <https://gnhre.org/community/unhrc-resolution-recognising-a-human-right-to-a-healthy-environment/> accessed 19 January 2022
[3] Environmental Crises: High Commissioner calls for leadership by human rights council member states’ (13 September 2021) <https://reliefweb.int/sites/reliefweb.int/files/resources/OHCHR%20_%20Environmental%20crisis_%20High%20Comm…%20by%20Human%20Rights%20Council%20member%20states.pdf> accessed 21 January 2022
[4] ‘Climate Change: tackling the greatest human rights challenge of our time’ (February 2015) <https://www.carefrance.org/ressources/themas/1/4566,CARE_and_CIEL_-_Climate_Change_and_.pdf> accessed 18 February 2022
[5] ‘What is the United Nations Framework Convention on Climate Change’ (UNFCCC) <https://unfccc.int/process-and-meetings/the-convention/what-is-the-united-nations-framework-convention-on-climate-change> accessed 19 January 2022
[6] ‘Key Aspects of the Paris Agreement’ (UNFCCC) <https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement/key-aspects-of-the-paris-agreement> accessed 19 January 2022
[7] Frequently Asked Questions on Human Rights and Climate Change (March 2021), OCHR Fact Sheet No. 38,
[8] Annalisa Savaresi, ‘The UN HRC recognizes the right to a healthy environment and appoints a new Special Rapporteur on Human Rights and Climate Change. What does it all mean?’ (EJIL, 12 October 2021) <https://www.ejiltalk.org/the-un-hrc-recognizes-the-right-to-a-healthy-environment-and-appoints-a-new-special-rapporteur-on-human-rights-and-climate-change-what-does-it-all-mean/> accessed 19 January 2022
[9] Understanding Human Rights and Climate Change’ <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 19 January 2022
[10] ‘Understanding Human Rights and Climate Change’ <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 19 January 2022
[11] Understanding Human Rights and Climate Change’ <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 19 January 2022
[12] ‘Human Rights Council concludes forty-eighth regular session after adopting 25 resolutions and one statement by the President’ (UNHRC, 11 October 2021) <https://reliefweb.int/report/world/human-rights-council-concludes-forty-eighth-regular-session-after-adopting-25> accessed 19 January 2022
[13] Stockholm Declaration (1972) https://www.soas.ac.uk/cedep-demos/000_P514_IEL_K3736-Demo/treaties/media/1972%20Stockholm%201972%20-%20Declaration%20of%20the%20United%20Nations%20Conference%20on%20the%20Human%20Environment%20-%20UNEP.pdf accessed 18 February 2022
[14] Stockholm Declaration (1972) <https://www.soas.ac.uk/cedep-demos/000_P514_IEL_K3736-Demo/treaties/media/1972%20Stockholm%201972%20-%20Declaration%20of%20the%20United%20Nations%20Conference%20on%20the%20Human%20Environment%20-%20UNEP.pdf>accessed 18 February 2022
[15] Annalisa Savaresi, ‘The UN HRC recognizes the right to a healthy environement and appoints a new Special Rapporteur on Human Rights and Climate Change. What does it all mean?’ (EJIL, 12 October 2021) <https://www.ejiltalk.org/the-un-hrc-recognizes-the-right-to-a-healthy-environment-and-appoints-a-new-special-rapporteur-on-human-rights-and-climate-change-what-does-it-all-mean/> accessed 19 January 2022
[16] ‘Human Rights Council concludes forty-eighth regular session after adopting 25 resolutions and one statement by the President’ (UNHRC, 11 October 2021) <https://reliefweb.int/report/world/human-rights-council-concludes-forty-eighth-regular-session-after-adopting-25> accessed 19 January 2022
[17] ‘The Human Rights Council: a practical guide’ (2015)
[18] The human right to a clean and healthy environment: 6 things you need to know (15 October 2021) <https://news.un.org/en/story/2021/10/1103082> accessed 22 March 2022
[19] UN HRC, Mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change (4 October 2021), 48thSession, A/HRC/48/L.27, https://documents-dds-ny.un.org/doc/UNDOC/LTD/G21/268/23/PDF/G2126823.pdf?OpenElement
[20] ‘Special Rapporteur on human rights and the environment’ (OHCHR) <https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/SREnvironmentIndex.aspx>accessed 19 February 2022
[21] ‘John Knox, former Special Rapporteur on human rights and the environment (2012-2018)’ (OHCHR) <https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/JohnKnox.aspx>accessed 19 February 2022
[22] David R. Boyd,‘Report of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment’ (OHCHR, 8 January 2019) <https://www.right-docs.org/doc/a-hrc-40-55/> accessed 20 February 2022
[23] UN Special Rapporteur on Human Rights and the Environment <http://www.srenvironment.org/> accessed 19 January 2022
[24] ‘Right to a healthy environment: good practices’ <https://wedocs.unep.org/bitstream/handle/20.500.11822/32450/RHE.pdf?sequence=1&isAllowed=y>accessed 20 February 2022
[25]‘Right to a healthy environment: good practices’ <https://wedocs.unep.org/bitstream/handle/20.500.11822/32450/RHE.pdf?sequence=1&isAllowed=y>accessed 20 February 2022
[26] ‘Right to a healthy environment: good practices’ <https://wedocs.unep.org/bitstream/handle/20.500.11822/32450/RHE.pdf?sequence=1&isAllowed=y>accessed 20 February 2022
[27] ‘Communication of long-term strategies’ (UNFCCC, 2019) <https:// unfccc.int/process/theparis-agreement/long-termstrategies> accessed 21 February 2022
[28] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[29] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[30] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[31] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[32] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[33] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
[34] Understanding Human Rights and Climate Change’ (OHCHR) <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf> accessed 22 January 2022
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