In October 2021, the Human Rights Council established the mandate of Special Rapporteur on the promotion and protection of human rights in the context of climate change (RES/48/14). Six months later, in March 2022, the Human Rights Council appointed me as the first Special Rapporteur on the promotion and protection of human rights in the context of climate change. I have taken up this position since 1 May 2022.
During my first week as Special Rapporteur, I travelled to Geneva and met with civil society organizations and States who have advocated for the establishment of my mandate, some of them have advocated for more than 10 years. They have worked to bring climate change and human rights together and I am grateful for all of their hard work to make my mandate a reality.
I am only into my second week of this position, so I am just gathering my thoughts on how I will undertake my work as Special Rapporteur. I have identified some key themes which I would like to indicate to you on how I am currently thinking. These are preliminary ideas at this stage and I would welcome any feedback on this in the comments below.
I plan to elaborate further and introduce these key themes in my first report to the Human Rights Council which will provide my vision and scope of the mandate as well as shape my activities in the next three years. I will present this report at the Human Rights Council on 23 June 2022 (10:00 a.m.- 1:00 p.m. time in Geneva).
1. Climate Change Displacement
The first theme is Climate Change Displacement. Recent studies suggest that in 2020, 7 million people were displaced by disasters. 98 per cent of these are climate related disasters. For those displaced across international borders they are not defined as refugees under the 1951 Refugee Convention. There is no legal definition for a climate change refugee. These people fall through the cracks as far as legal protection is concerned. I will certainly be looking at how to address this gap in legal protection.
2. Loss and Damage
Next is the issue of Loss and Damage. This issue is firmly incorporated in the Paris Agreement under Article 8 but has been slow to make progress due to the reluctance to address this issue by some countries. I want to put a human rights perspective in this issue and to explore what is needed to advance issues around finance for loss and damage.
3. Just Transition
The third item on my list is Just Transition. We know that as countries advance their nationally determined contributions under the Paris Agreement, people in the fossil fuel industry will be looking for new employment options. The fundamental right to work will be challenged and we need to find options to help these people move towards employment that is linked to sustainable and renewable energy economies.
4. Participation and Inclusion
The next item on my agenda is Participation and Inclusion. We need to find a voice for people whose human rights are being affected by climate change. Some of the groups that I mentioned earlier will be a focus of a participation and inclusion agenda. The protection of human rights defenders comes into this work stream as well.
5. Business, Human Rights and Climate Change
We know that business has a significant responsibility with respect to human rights and climate change. Therefore, Business Human Rights and Climate Change is my next theme. I have already had a meeting with the Working Group on Business and Human Rights to discuss the Guiding Principles on Business and Human Rights. I certainly would like to look at responsibilities of business to disclose their investments in the fossil fuel industry and to explore their obligations with respect to disclosing their obligations with respect to human rights and climate change.
6. Technical Response to Climate Change
Looking at the human rights implications of Technical Responses to Climate Change is another theme I will be looking at. We know that certain so-called technical mitigation responses such as geoengineering are likely to have significant human rights implications. As we learnt with the Clean Development Mechanism, carbon trading can have significant human rights implications.
7. Litigation
Next on my list is Litigation. I will be looking at various approaches to climate change litigation. I have already been invited to speak at a workshop for judges from the Pacific on climate change and human rights. I also want to look at rights of access to courts. We know that some youth groups have been denied access to some courts for climate change litigation. These limitations need to be explored.
8. Linkage with other Special Rapporteurs
Finally, I want to look at linkages with the work of Other Special Rapporteurs. There are a number of Special Rapporteurs that have included climate change within their work. This includes mandates related to women, health, safe environment, water, and housing to name a few. I want to make sure that my work complements the work of other Special Rapporteurs.
This will be a challenging program and I look forward to this challenge.
Special Rapporteur on the promotion and protection of human rights in the context of climate change
Email: ohchr-srclimatechange@un.org
