to protect the climate vulnerable Benjamin Schachter Climate - - PowerPoint PPT Presentation

Benjamin Schachter

Promoting a rights-based approach to protect the climate vulnerable

Climate Vulnerable Forum Seminar Retreat Tagaytay, Philippines 12 August 2016

Why take a rights-based approach to climate change?

• Climate change is a threat multiplier that directly

and indirectly threatens the full and effective enjoyment of a range of human rights by people throughout the world, including the rights to life, water and sanitation, food, health, housing, self- determination, culture and development.

• The negative impacts of climate change are

disproportionately borne by persons and communities already in disadvantageous situations owing to geography, poverty, gender, age, disability, cultural or ethnic background, among others.

OHCHR in figures Staff 941

• Geneva headquarters:

442

• In field presences:

483

• New York Office:

16 Budget 2008-2009

• Regular budget:

US$ 115.3 million

• Voluntary contributions:

US$ 197.4 million US$ 312.7 million

The human rights-base approach clarifies that States have obligations to protect persons from the adverse impacts of climate change

• OHCHR’s Key Messages on Human Rights and

Climate Change highlight the essential

• bligations and responsibilities of States and
• ther duty-bearers (including businesses) and

their implications for climate change-related agreements, policies, and actions.

• Copies of these messages are available in the

room and on OHCHR’s website at: http://www.ohchr.org/EN/Issues/HRAndClimate Change/Pages/HRClimateChangeIndex.aspx

What is the primary obligation?

To mitigate climate change and to prevent its negative human rights impacts: States have an obligation to respect, protect, fulfil and promote all human rights for all persons without

• discrimination. Failure to take

affirmative measures to prevent human rights harms caused by climate change, including foreseeable long- term harms, breaches this

• bligation.

What are other human rights obligations related to climate change?

• To ensure that all persons have the necessary capacity to

adapt to climate change

• To ensure accountability and effective remedy for human

rights harms caused by climate change

• To mobilize maximum available resources for sustainable,

human rights-based development

• International cooperation
• To ensure equity in climate action
• To guarantee that everyone enjoys the benefits of science

and its applications

• To protect human rights from business harms
• To guarantee equality and non-discrimination
• To ensure meaningful and informed participation

How can States better integrate human rights in climate action?

• 1. Address climate change and its impacts via

relevant human rights bodies including:

• The Human Rights Council, its Universal

Periodic Review and its special procedures mechanisms

• The human rights treaty-bodies
• National Human Rights Institutions
• 1. Integrate human rights in UNFCCC processes

Annnual HRC resolution on human rights and climate change

• The current resolution is A/HRC/32/L.34
• It calls for a panel discussion and detailed

analytical study on climate change and its impacts on the rights of children

• States can contribute to the study, a call for

contributions will be issued by Note Verbale

• States can participate in the panel discussion
• The Council has also addressed the issue of

the impact of climate change in the framework

• f its work on human rights and the

environment

Strengthening future resolutions

• Draw more explicit connections between resolution

and UNFCCC. The current resolution:

• Calls upon States to consider, among other aspects,

human rights within the framework of the United Nations Framework Convention on Climate Change;

• Call on special procedures to address specific

issues

• Make recommendations based on mandated
• studies. The current resolution:
• Takes note of the analytical study on health A/HRC/32/23
• Encourages States, as appropriate, to integrate policies on

health and human rights in their climate actions at all levels, including their national plans of action for climate mitigation and adaptation,

Universal Periodic Review of the Human Rights Council

• The Universal Periodic Review (UPR) is a unique process

which involves a peer review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the

• pportunity for each State to declare what actions they have

taken to improve the human rights situations in their countries and to fulfil their human rights obligations.

• The UPR was created through the UN General Assembly on

15 March 2006 by resolution 60/251, which established the Human Rights Council itself. The UPR is one of the key elements of the Council which reminds States of their responsibility to fully respect and implement all human rights and fundamental freedoms.

Integrating climate in the UPR

• Examples of recommendations made to CVF

States in Asia-Pacific

• Kiribati - Continue its leadership role and advocacy with the international

community, including through the Coalition of Low Lying Atoll Nations on Climate Change and the Alliance of Small Island States, on the need for ambitious and binding targets for greenhouse gas emissions in order to mitigate the negative effects of climate change on human rights (see also recommendations to Palau, Tuvalu, Vanuatu)

• Marshall Islands - Continue taking measures to ensure adequate

protection of human rights in actions taken to address climate

• Palau - Strengthen its technical cooperation with relevant agencies and

stakeholders in order to prevent the adverse impact of climate change on its promotion and protection of human rights

• Tuvalu - Continue to implement its NAPA to address the impacts of

climate change, with assistance from UNPD, the Global Environment Fund and other relevant international stakeholders

• Vanuatu - Continue to seek technical assistance to address the specific

problem of the disproportionately negative impact of climate change on women and children

Human rights treaty-bodies

• Also engage in a periodic review of State

parties which can address climate considerations

• Several are looking specifically at climate/

environment issues now including:

• The Committee on Economic, Social and

Cultural Rights

• The Committee on the Elimination of all forms of

Discrimination Against Women

• The Committee on the Rights of the Child

Special Procedures Mechanisms

• The special procedures of the Human Rights

Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective.

• A number of special procedures have

addressed climate including, food, housing, migrants, internally displaced persons, and environment

• If States agreed, a specific mandate on human

rights and climate change could be established

Special Procedures mechanisms and recent climate advocacy

• The special procedures mechanisms of the Human Rights

Council have regularly engaged in join advocacy related to the human rights impacts of climate change.

• An Open Letter to State Parties to the UNFCCC from 28 Special

Procedures mandates that urges the UNFCCC "to adopt urgent and ambitious mitigation and adaptation measures to prevent further harm" and to include in the 2015 climate agreement a commitment that "the Parties shall, in all climate change related actions, respect, protect, promote and fulfil human rights for all, and to launch a work program to ensure that human rights are integrated into all aspects of climate actions." The Open Letter is available in English and French.

• A joint statement drawing attention to the grave harm even a two degree

Celsius increase in average global temperature would cause to the enjoyment of human rights issued on the occasion of World Environment Day 2015.

• A report prepared by several Special Rapporteurs for the Climate

Vulnerable Forum and submitted by the Philippines on behalf of the Forum to the Conference of Parties (COP) to the UNFCCC. “The Effects

• f Climate Change on the Full Enjoyment of Human Rights.”

National Human Rights Institutions

• Can monitor climate impacts and adherence to

climate commitments as well as provide technical advice on integrating human rights in climate policies

• In some cases, they may also be able to hear

and act upon claims related to climate harms.

• For example, the Human Rights Commission of

the Philippines has received and decided to investigate a complaint related to the actions of the world’s largest carbon emitters

Ideas for strengthening connections between human rights and climate commmunities

• Use the annual HRC resolutions on climate and environment

to explicitly connect work being done at the Council with the UNFCCC

• Promote / advocate an annual forum on human rights and

climate change to involve UNFCCC, OHCHR and other relevant stakeholders

• Call upon the UPR and treaty-bodies to feed into the High-

Level Political Forum, the global stocktake, etc.

• Join the Geneva Pledge for Human Rights in Climate Action
• facilitate the exchange of expertise and best practice between our human

rights and climate experts

• strive to include human rights knowledge in our delegations to the

UNFCCC and where applicable, climate change expertise in the HRC.

• Support a programme of work on human rights at the

UNFCCC

Human rights at the UNFCCC

• The Cancun Agreements emphasise that: Parties

should in all climate change related action, fully respect human rights (1/CP16).

• The Paris Agreement states: Parties should, when

taking action to address climate change, respect, promote and consider their respective obligations

• n human rights, the right to health, the rights of

indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity

How can States fulfil human rights commitments at the UNFCCC? (1 of 2)

The UNFCCC and the COP21 outcome offer a number of entry-points for better integration of human rights in climate actions and policies.

• The report of the IPCC on climate impacts of 1.5 could include

human rights

• Guidance for the Ad Hoc Working Group on the Paris Agreement on

features of the nationally determined contributions for consideration and adoption could include human rights

• The development of modalities for the sustainable development

mechanism could include a safeguard mechanism designed to protect human rights.

• The work of the Warsaw Mechanism to develop recommendations for

integrated approaches to avert, minimize and address displacement related to the adverse impacts of climate change could address human rights.

How can States fulfil human rights commitments at the UNFCCC? (2 of 2)

• Work on capacity-building including the designation of an annual

thematic focus could include human rights.

• Work to ensure transparency will contribute to accountability and the

enjoyment of the rights to information and participation. States have also committed to enhancing climate change education, training, public awareness, public participation and public access to information

• Integrate human rights, including an understanding of human rights

impacts of climate change and climate action, within the global stocktake and other relevant processes (i.e. adaptation, mitigation, transparency).

• Ensure country-driven, gender-responsive, participatory and full

transparent adaptation that takes into consideration vulnerable groups and communities.

• Promote accountability for financial and other commitments through

the human rights instruments and mechanisms.

Forthcoming work by OHCHR

• Expert Meeting on Human Rights and Climate

Change (6 – 7 October 2016)

• Engagement at COP22
• Analytical study and panel discussion on

climate change and its impacts on the rights of children

• Frequently asked questions publication on

human rights and climate change

• Guidelines on integrating human rights in

nationally determined contributions (TBC)

Thank you

• For more information and resources related to

the work of the Office of the High Commissioner for Human Rights on climate change and human rights please see: http://www.ohchr.org/EN/Issues/HRAndClimate Change/Pages/HRClimateChangeIndex.aspx