This is the blog of Nord Sud XXI for the

Copenhagen Climate Change Conference and KlimaForum09.
7 - 18 December 2009 in Copenhagen, Denmark

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We will be sending reports from Copenhagen focusing on:

*how climate change effects human rights, and

*how international human rights requires states to act to prevent, adapt to and mitigate the adverse effects of climate change.

You are welcome to read this blog or post to it (posts are moderated).

To get more information about this blog contact Ms Lama Jbarah at Nord Sud XXI at lama.jbarah@gmail.com.

To protect the individuals, communities and peoples most vulnerable to climate change, we must ensure that human rights protections are integrated in the final agreement. The following analysis identifies human rights and rights-related language in the current version of the LCA negotiating text and associated non-papers; makes proposals to strengthen such language; and suggests additional language to respect, protect and promote human rights in the text. The proposed language (indicated by underlined text) is based on parties’ existing human rights obligations and commitments.

Existing language in the shared vision explicitly recognizes that climate impacts have implications for the full and effective enjoyment of human rights. This language should be strengthened by referring to the link between the environment and human rights recognized in the Stockholm Declaration, itself referred to in the UNFCCC. The shared vision should also emphasize that a successful international climate framework must include effective mechanisms for participation at the local, national and international levels, thus reinforcing Article 6 of the UNFCCC and the Rio Declaration.

Option 1a: new Paragraph 2 bis of non-paper 33

Reaffirming that human beings have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being,1 and that the adverse effects of climate change have a range of direct and indirect implications for the full and effective enjoyment of human rights,2 mitigation of and adaptation to climate change shall be undertaken in a manner that respects, protects and promotes full and effective enjoyment of human rights consistent with international obligations.

Option 1b: Amend Paragraph 13 of non-paper 33

Noting Reaffirming that human beings have the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well-being,3 and that the adverse effects of climate change have a range of direct and indirect implications for the full and effective enjoyment of human rights,4 a shared vision for long-term cooperative action should shall take

1 This clause is the language of Principle 1 of the Stockholm Declaration, which states: “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” The Stockholm Declaration is referenced in Paragraph 7 of the Preamble to the UNFCCC.

2 This clause is consistent with the 2009 Human Rights Council resolution, which states, “Climate change-related effects and response measures have a range of implications, both direct and indirect, for the effective enjoyment of human rights and these implications will be felt most acutely by those who are already in vulnerable situations. Human rights principles inform and strengthen international and national policy-making in the area of climate change and contribute to the realization of the objectives of the Convention.”

3 This clause is the language of Principle 1 of the Stockholm Declaration, which states: “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” The Stockholm Declaration is referenced in Paragraph 7 of the Preamble to the UNFCCC.

4 This clause is one of the conclusions of the Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between climate change and human rights. See UN Doc. A/HRC/10/61, 15 Jan. 2009, Para. 92. Further, it is consistent with the 2009 Human Rights Council resolution, which states “Climate change-related effects and response measures have a range of implications, both direct and indirect, for the effective enjoyment of human rights and these implications will be felt most acutely by those who are already in vulnerable situations. Human rights principles inform and strengthen international and national policy-making in the area of climate change and contribute to the realization of the objectives of the Convention.”

account not only of the rights of human beings, but also of the rights of Mother Earth 5 and all its natural beings as the adverse effects of climate change also have a range of direct and indirect implications for the full and effective enjoyment of human rights –, including the right to sustainable development, self
determination, statehood, life, the right of people not to be deprived of their own means of subsistence, the right to water and the right to live well – and are increasingly posing a risk to security and the survival,

Proposal 2: Amend Paragraph 8 of non-paper 33 to strengthen participatory rights

Convinced that the profound changes that the structure of the global economy has undergone since the entry into force of the Convention and the grave challenge of harmonizing sustainable development while
addressing climate change and demands for a more equitable utilization of the global atmospheric resource necessitate [an economic transition][a paradigm shift] that adjusts global economic growth patterns towards a sustainable [lifestyle] [low-emission] [trajectory] [climate-resilient] [economy] [development] allocating global financing and investment according to the priorities identified by the international community, with climate change stabilization being one of these priorities, based on innovative technologies, more sustainable production and consumption, [while ensuring a just transition of the workforce, which creates decent work and quality jobs]. and seeking the active participation of aAll stakeholders [, be they governmental, including subnational and local government, private business or civil society, including the youth and addressing the need for gender equity] should have access to information, full, early, equal and effective participation, and access to justice with respect to climate change adaptation and mitigation actions.

ADAPTION

Rights and rights-related language should be included not only in the shared vision but also in the other
pillars, such as adaptation and mitigation. In adaptation, the reference to existing human rights obligations as set forth in international treaties and instruments should be re-introduced. This language was included in the most recent consolidated text (INF.2) but has since been removed. In addition, the language on climate-induced migration must be strengthened if we are to adequately protect the millions likely to be displaced as a result of climate change.

Proposal 3: Replace Paragraph 4(f) of non-paper 53 to strengthen participatory rights

The implementation of enhanced action on adaptation, including the implementation of the adaptation
[framework] [programme], [shall] [should]: (f) Be planned, implemented, supported, monitored and
reported on in a manner that guarantees the rights of all relevant stakeholders to access to information, full, early, equal and effective participation, and access to justice,Involve all relevant stakeholders through a participatory approach to ensure ownership and inclusiveness.

Proposal 4: Add a new Paragraph 4(g) of non-paper 53 to ensure full protection of human rights

The implementation of enhanced action on adaptation, including the implementation of the adaptation
[framework] [programme], [shall] [should]: (g) Be undertaken in a manner that respects, protects and
promotes the full and effective enjoyment of human rights and safeguards the most vulnerable from

5 This clause is broadly consistent with the Convention on Biological Diversity.

Proposal 5: Add a phrase to Paragraph 6 of non-paper 53

In the implementation of the adaptation [framework] [programme] as laid out in subsequent sections, including in the provision of means of implementation, the full and effective enjoyment of fundamental human rights should be promoted by giving priority should be given to the following, whose needs, concerns and specific circumstances need to be addressed at all levels: (a) [All] [Particularly vulnerable] developing countries; (b) Particularly vulnerable sectors; (c) Particularly vulnerable people, groups and communities; (d) Particularly vulnerable ecosystems.

Proposal 6: Include “shall” in Paragraph 12(c) of non-paper 53

To enhance adaptation action at international level, all Parties [shall] [should] [may] implement specific programmes, projects, activities, strategies and measures, including: (c) Activities related to national, regional and international migration and displacement or planned relocation of persons affected by climate change, while acknowledging the need to identify modalities of inter-state cooperation to respond to the needs of affected populations who either cross an international frontier as a result of, or find themselves abroad and are unable to return owing to, the effects of climate change;

MITIGATION

In mitigation, language that recognizes parties’ existing obligations to respect, protect and promote human rights should be introduced. In addition, the language on REDD must ensure the full, prior and informed consent and full and effective participation of indigenous peoples and other affected communities in the decision making (and redress where appropriate) as this will be key to the success of the mechanism. This is also true of other project-based mechanisms. The language on spillover effects must also ensure that human rights considerations are taken account when addressing the possible negative consequences of measures taken in response to climate change.

Proposal 7: Add a human rights link to Paragraph 6 (Annex III) of non-paper 28

Parties acknowledge that global efforts must be ambitious, must reflect the urgency of our collective
endeavours and must be consistent with a mitigation pathway that respects, protects and promotes the full and effective enjoyment of human rights and safeguards the most vulnerable from the adverse impacts of climate change.

Proposal 8: Strengthen the participatory rights in Paragraph 4(e) (Annex IIIC) of non-paper 39

When undertaking actions referred to in paragraph 2 above Parties shall: (e) In accordance with relevant international agreementsinstruments[, such as the United Nations Declaration on the Rights of Indigenous Peoples,] and taking into account national circumstances and legislation, respect for the knowledge and rights of indigenous peoples[, including their full free prior and informed consent,] and members of local communities; and promote the ensure access to information, access to justice and full, early, equal and effective participation of all relevant stakeholders in, including indigenous peoples, forest dwellers and local communities, prior to and during the design, planning, implementation, monitoring and
evaluation of actions referred to in paragraphs 2 and 5 above; and ensure that indigenous peoples have the right to participate through representatives chosen by themselves in accordance with their own
procedures and decision-making institutions;

Proposal 9: Add “human rights” to the list of negative impacts to avoid in Annex IIIE and Paragraphs

Paragraph 5: [Parties recognize that action on the adverse effects of climate change is a priority, and that response measures in this regard may result in negative economic and social, including human rights, consequences for Parties, in particular developing country Parties as referred to in paragraph 2 above. [In light of this, efforts to reduce or avoid the adverse impacts of the implementation of response measures should be consistent with the need for action to address climate change.][Parties recognize that the efforts to reduce or avoid negative impacts of response measures should not constrain or hinder progress in addressing climate change.]]

Paragraph 8: [Developed country Parties shall strive to implement policies and measures to respond to climate change in such a way as to avoid negative social, including human rights, and economic consequences for developing country Parties, taking fully into account Article 3 of the Convention. In order to assist developing country Parties in addressing negative social and economic consequences, developed country Parties shall provide financial resources, including for access to and development and transfer of technology, at agreed full incremental costs in accordance with Article 4, paragraphs 3, 5 and 7, of the Convention.]

For more information contact:
Alyssa Johl (+1-510-435-6892; ajohl@climatelawpolicy.org)
Gita Parihar (+44-796-894-6908; gita.parihar@foe.co.uk)
Martin Wagner (+1-510-917-0434; mwagner@earthjustice.org)